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Planning appeal decision

Allowed21 October 20213274213

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

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

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.

Framework references: 56

Plan policies cited: Policy GS5, Policy H5, Policy LC5, Policy AP1

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.