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Planning appeal decision

Dismissed12 August 20213273809

53 Foljambe Avenue, Chesterfield, S40 3EY

Planning appeal 3273809 at 53 Foljambe Avenue, Chesterfield, S40 3EY (Chesterfield Borough Council) was dismissed on 12 August 2021 by Inspector Housden S, by written representations. The main issue, as the Inspector framed it: The effect of the proposed balcony on the living conditions of adjoining occupiers, having particular regard to overlooking and noise and disturbance.

installing tiling and a railing to an existing flat roof creating a balcony

Authority
Chesterfield Borough Council
Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Housden S
Postcode
S40 3EY

Main issues, as the Inspector framed them

  • The effect of the proposed balcony on the living conditions of adjoining occupiers, having particular regard to overlooking and noise and disturbance

What decided it

The material harm to the living conditions of occupiers of Nos 51 and 55 through overlooking and loss of privacy combined with potential noise and disturbance from the elevated balcony outweighed any other considerations.

What the Inspector cited

Development plan policies
Policy CLP14Policy CLP20

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Chesterfield

The authority’s record since 2016 · every decision in 2021

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  3. Dismissed29 June 20213269368
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  4. Dismissed15 October 20266014097
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  5. Planning permission granted28 September 20263373897
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.