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Allowed21 October 20213274213

Clover Lea, Chapel Hill, Ashover, Chesterfield, S45 0AT

Planning appeal 3274213 at Clover Lea, Chapel Hill, Ashover, Chesterfield, S45 0AT (North East Derbyshire District Council) was allowed on 21 October 2021 by Inspector Cooper P, by written representations. The main issue, as the Inspector framed it: The effect that removing Condition 3 would have on the living conditions of the neighbouring occupiers at 'Leasowes' with regard to overlooking and privacy.

application to revise Condition 3 (Hedgerow on the western boundary) of planning approval 20/00921/FLH without complying with condition 3 attached to planning permission Ref 20/00921/FLH, dated 4 January 2021

Authority
North East Derbyshire District Council
Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Cooper P
Postcode
S45 0AT

Main issues, as the Inspector framed them

  • The effect that removing Condition 3 would have on the living conditions of the neighbouring occupiers at 'Leasowes' with regard to overlooking and privacy

What decided it

The overlooking from the extended patio would be limited to the front garden area away from the house itself and would not cause material harm to the living conditions of the adjacent neighbour, making the hedgerow condition unreasonable and unnecessary.

What the Inspector cited

Development plan policies
Policy GS5Policy H5Policy LC5Policy AP1
National Planning Policy Framework
Paragraph 56

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

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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.