Appeal against canalside flats refusal dismissed

A decision in January to refuse permission was contested

An appeal against a council's decision to refuse permission to build a block of flats has been dismissed.

In January Broxtowe Borough Council unanimously refused an application for 29 flats to the north of Beeston Lock, on Riverside Road in Beeston Rylands, Nottinghamshire.

Councillors had said the plans were for "the wrong building in the wrong place", but the developer appealed to the Planning Inspectorate to have the decision reviewed.

The rejection of the appeal was confirmed on Monday.

Planning and Design Group Ltd - on behalf of applicant Beeston Marina Ltd - previously told the Local Democracy Reporting Service (LDRS) that the site would be split into two blocks to help maintain views of the canal, while the towpath would act as a buffer between the canal and the buildings.

It said Nottinghamshire Wildlife Trust - which runs the nearby Attenborough Nature Reserve - had not objected while other multi-storey buildings already exist further along the Nottingham and Beeston Canal.

'Substantial' harm

When the council made its initial refusal, it raised concerns over traffic, the privacy of nearby residents, flooding and the potential environmental impact.

After permission was denied, revisions were made to the scheme to add extra privacy screens, but the Planning Inspectorate said worries remained over the effect "on the character and appearance of the area", which included the lock-keeper's cottage and other heritage sites.

"The adverse impacts would be experienced particularly on the three non-designated heritage assets, which given their proximity define a distinctive sense of place on the canal side," a report said.

"Whilst historic images identify that a two-storey building formerly existed on the site, the scale and character of the proposed scheme would be far greater.

"For these reasons, the level of harm arising would be substantial."

The Planning Inspectorate also raised concerns over the potential impact on the living conditions of residents in the area, and on highway safety.