- Decision
- dismissed, 28 September 2026
- Decided by
- Planning Inspector: R Gee
- Authority
- Peterborough (East of England)
- Appeal reference
- 6012642
- Application reference
- 25/01341/FUL
- Procedure
- written representations
- Development
- Demolition of three detached dwellings and erection of a 2.5-storey L-shaped block of 23 car-free apartments
- Homes
- 23
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- TR6(4), S4
- Development plan policies
- Peterborough Local Plan LP6, LP8, LP13, LP16, LP17, LP28, LP32, LP47
- Main issues
- character and appearance; living conditions; highway safety and servicing; protected species; BNG; drainage
Summary
Replacing three houses on New Road, Peterborough, with 23 car-free flats. The inspector found significant harm to the character of the small-scale residential edge, overlooking and overbearing to a bungalow, no noise evidence against college plant, missing bat surveys, and an unacceptable highway safety impact because all servicing would be from a busy road. Substantial weight to housing was substantially outweighed under S4. Dismissed.
Issues and findings
- Transition. "My decision reflects the latest version of the Framework, and the responses received on it" (DL ¶2).
- Character. "the resulting density would fail to respond appropriately to the scale and character of the buildings that form the site's immediate context" (DL ¶7). "the proposal would result in significant harm to the character and appearance of the surrounding area" (DL ¶11).
- Internal noise (DM7, PM13). "I am satisfied that internal noise mitigation can be secured through the building control process" (DL ¶21).
- Servicing: FAIL. "delivery, maintenance and refuse collection vehicles would be required to stop on the public highway" (DL ¶25), in "conflict with TR6 4) of the Framework" (DL ¶47).
- Bats. "it is not a matter that could be dealt with through the imposition of a planning condition" (DL ¶32).
- BNG exemption. The August 2026 amendments "apply only to new planning applications submitted from 6 August 2026" (DL ¶35).
- Density. "the benefits associated with the increased density of development attract reduced weight" (DL ¶49).
Planning balance
S4 within a settlement. Adverse effects (significant) against housing (substantial) and economic benefits. "the benefits of granting permission would be substantially outweighed by the adverse effects" (DL ¶50). The character harm is weighed as ordinary harm; DP3(3) is not applied.
What made the difference
Several independent failures, with TR6(4) servicing from a busy classified road the only Framework "should be refused" policy engaged (DL ¶47).
Transferable points
- Car-free flats with no on-site servicing can fail TR6(4) on refuse and delivery stops on a busy road (DL ¶25, ¶47).
- The August 2026 BNG small-site exemption does not apply to applications made before 6 August 2026 (DL ¶35).
- L2/L3 density weight is reduced where character harm is found (DL ¶49).
- DM7 and PM13: internal sound insulation is for Building Regulations (DL ¶21).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3(1) | harm | significant | mapped - bulk, height and massing at odds with small neighbouring dwellings; refuse storage undersized; DP3 mentioned only via L2/L3 (DL 6-11, 49) |
| P3 | harm | mapped - overlooking and overbearing to No 73's garden; no noise assessment for College air-handling units (DL 13-22) | |
| DM7 | neutral | with PM13, internal sound transfer between flats left to Building Regulations (DL 21) | |
| TR6(4) | fail | no on-site servicing; refuse, delivery and maintenance vehicles would stop on a busy double-yellow-lined road near Boongate roundabout (DL 23-28, 47) | |
| N2 | fail | mapped - bat surveys recommended by the PEA not done; Circular 06/2005 bars leaving to condition (DL 29-33) | |
| BNG (Sch 7A TCPA) | pass | August 2026 small-site exemption applies only to applications submitted from 6 Aug 2026; left to the gain condition (DL 34-36) | |
| HO7 | benefit | substantial | 23 homes against an evidenced unmet need (DL 48) |
| L3 | benefit | density benefits attract reduced weight given character harm (DL 49) | |
| S4 | fail | benefits substantially outweighed (DL 50) |
Key facts
- Council cannot demonstrate a five-year supply (figure not stated) (DL 42)
- No affordable housing or obligations; independent review agreed the scheme unviable with them (DL 43)
- No parking; city-centre policies LP13 and LP47 presume against parking (DL 23-24)
- Parties invited to comment on the 17 Aug 2026 Framework (DL 2)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.