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Planning appeal decision

Allowed1 May 20266004480

21 Derby Road, Chesterfield, Derbyshire, S40 2EF

Planning appeal 6004480 at 21 Derby Road, Chesterfield, Derbyshire, S40 2EF (Chesterfield Borough Council) was allowed on 1 May 2026 by Inspector Felgate J, by written representations. The main issue, as the Inspector framed it: Whether Condition 3 requiring implementation in full of all flood risk mitigation measures identified in the flood risk assessment is reasonable and necessary.

Change of use to a dwelling

Authority
Chesterfield Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Felgate J
Postcode
S40 2EF

Main issues, as the Inspector framed them

  • Whether Condition 3 requiring implementation in full of all flood risk mitigation measures identified in the flood risk assessment is reasonable and necessary

What decided it

The requirement to implement all flood mitigation measures in full was disproportionate to the modest 2-bedroom terraced property and would add significantly to costs without being necessary to achieve reasonable flood protection, failing the test of reasonableness in NPPF paragraph 57.

What the Inspector cited

Development plan policies
Policy CLP13
National Planning Policy Framework
Paragraph 181Paragraph 57

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 2026

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  4. Quashed On Legal Grounds14 September 20263373809
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  5. Dismissed28 August 20266011441
    16 Avondale Road, Chesterfield, S40 4TF

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.