- Decision
- allowed, 9 September 2026
- Decided by
- Planning Inspector: K Reeves
- Authority
- Buckinghamshire (South East)
- Appeal reference
- 6008738
- Application reference
- PL/26/00122/VRC
- Procedure
- written representations
- Development
- s73 variation of plans condition 13 to allow a taller Plot 6 dwelling in a 6-dwelling redevelopment
- Homes
- 6
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- No Framework version cited
- Determinative policies
- s38(6)
- Development plan policies
- Chiltern District Local Plan 1997 GC3, H3, H13, H14
- Main issues
- living conditions of neighbours (outlook)
Summary
An s73 appeal to substitute plans for a taller Plot 6 house in a six-dwelling Chesham scheme was allowed. The only harm found in an earlier dismissed appeal had come from the neighbour's flank kitchen window, which has since been removed. The neighbour's deep garden keeps the outlook acceptable (DL ¶8-12). The Framework is not cited.
What made the difference
The neighbour had removed the flank window, so "the only aspect of the earlier scheme that was judged harmful … has therefore fallen away" (DL ¶8).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| P3 | pass | taller eaves at Plot 6 not overbearing to 54 The Warren, given its deep garden and the removal of the flank kitchen window that caused harm in the 2017 appeal (DL 7-12) |
Key facts
- Fifth permission in a chain of s73 variations since the 2019 appeal consent (DL 3-4)
- Harm found in a 2017 appeal related only to a flank window that no longer exists (DL 8, 11)
- Framework not cited
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.