- Decision
- allowed, 24 August 2026
- Decided by
- Planning Inspector: Graham Wraight
- Authority
- Chesterfield (East Midlands)
- Appeal reference
- 6011274
- Application reference
- CHE/25/00866/VCON
- Procedure
- written representations
- Development
- Appeal against obscure-glazing/restrictor condition on north-facing office windows (s73 variation of 2017 light industrial/office scheme)
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DM6
- Development plan policies
- Chesterfield Borough Local Plan 2020 CLP14, CLP20
- Main issues
- necessity of condition; overlooking
Summary
An appeal against a blanket obscure-glazing condition on office windows facing a house. Allowed in effect as a split: the condition was lifted for the as-built windows, which matched an unrestricted 2017 approval, and kept for the new wide windows at the boundary. The DM6 condition tests were applied by name (DL ¶5, 8).
What made the difference
Window-by-window assessment against the 2017 baseline.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM6 | pass | condition varied — unnecessary for as-built Office 7 windows (offset, oblique views, matched 2017 approval) but retained for wide windows next to boundary (DL 5-9) | |
| P3 | fail | unobscured wide windows at boundary would cause "significant harm" by overlooking (DL 8); code mapped by harvester |
Key facts
- 2017 permission allowed three unrestricted full-size windows to Office 7 (DL 6)
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.