# 13 Stone Lane, New Whittington, Chesterfield

- **Decision:** dismissed, 24 August 2026
- **Decided by:** Planning Inspector: N Unwin
- **Authority:** Chesterfield (East Midlands)
- **Appeal reference:** 6009578
- **Application reference:** CHE/26/00071/HOU
- **Procedure:** householder
- **Development:** First-floor rear extension over existing single-storey extension (non-determination)
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** Chesterfield LP CLP14, P3(2)(a)
- **Development plan policies:** Chesterfield Borough Local Plan 2020 CLP14, CLP20, Successful Places SPD 2013
- **Main issues:** living conditions of future occupiers and neighbours
- **Tags:** tier-2, non-determination, future-occupier-amenity, 45-degree-rule

## Summary
A first-floor rear extension was dismissed. The harm was not to the neighbour, where departing from the 45-degree guidance was justified, but to the extension's own occupiers. A bedroom lit only by an obscure-glazed window facing a flank wall would have an "exceptionally poor outlook" (DL ¶4).

## What made the difference
The internal layout of bedroom 2. The appeal was lost on future-occupier amenity even though the neighbour supported it.

## Policy findings
- **P3(2)(a): fail.** bedroom 2's only window obscure-glazed and facing No 15's flank — "exceptionally poor outlook" (DL 4), under CLP14/CLP20
- **P3(2)(b): pass.** marginal 45-degree breach acceptable to depart from given existing extension, low roof, lower ground (DL 6-7)

## Key facts
- Would create five first-floor bedrooms
- Neighbour No 15 supported the scheme

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/55b07f10-22a3-4b4f-aac7-a0eb04196cd7
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009578

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009578.html

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