Land south of 18 Thompson Street, Chesterfield

appeal 6011274·Chesterfield·24 August 2026allowed
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.

PolicyFindingWeightNote
DM6passcondition 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)
P3failunobscured wide windows at boundary would cause "significant harm" by overlooking (DL 8); code mapped by harvester

Key facts

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.