Larger rooflights at Land Between 34 and 38 Lake View Avenue, Walton, Chesterfield

The site

The triangular site is at the turning head of a cul-de-sac, was formerly part of a garden, and the dwelling was nearing completion.

“The site subject of this application is located on Lake View Avenue, situated at the turning head of the cul-de-sac. The plot is triangular in shape and previously formed part of the garden curtilage of No 38 Lake View Avenue. The construction of the dwelling on the site is nearing completion. The application site is within the defined Built up Area and is unallocated on the Chesterfield Borough Council adopted local plan policies map 2018-2035.”

“The site and surrounding properties were originally sold as private self- build plots by Chesterfield Borough Council. The site subject of this application was known as ‘Plot 59’ and was never developed, instead bought by the owners of No 38 Lake View to extend the garden curtilage.”

Officer report

Earlier permissions and works

Several earlier permissions covered a dwelling, but the original permission lapsed after works began without required conditions being discharged, leading to a new application.

“A new outline application with all matters reserved except access was submitted in 2019 application reference CHE/19/00088/OUT which was granted April 2019. The subsequent reserved matters application CHE/21/00131/REM was granted conditional approval by planning committee in 2023 (see site history below)”

“Works commenced on site without discharging the pre-commencement conditions including coal mining intrusive investigation conditions which went to the heart of the original outline permission. As pre- commencement conditions were not discharged within the timeframe as set out by outline permission CHE/19/00088/OUT, the permission lapsed. Application CHE/25/00515/FUL was therefore a new submission to regularise the works.”

Officer report

What officers recommended

Officers recommended approval because the rooflight change was minor and the constructed dwelling was not considered to cause greater residential or visual harm.

“The amended rooflights is a relatively minor change and as such is not considered to impact the design and appearance of the dwelling to such an extent so as to merit refusal of the application.”

“The dwelling as constructed is not considered to result in any greater impact upon the amenities of adjacent properties or appear unduly prominent within the streetscene.”

Officer report

Consultation responses

No ward member comments were received, and one objection was recorded for this rooflight application.

“Representations 1 objection received – see report…”

Officer report

Who spoke

An objector addressed the committee, in accordance with the recorded procedure.

Members’ discussion

Members discussed building control requirements, possible community effects, retrospective permission and departures from approved plans, while noting the officer’s assessment of angles and levels.

“The Committee considered the report and concerns raised around building control requirements for the rooflights and any potential community impact the larger rooflights could have. Concerns were raised around retrospective planning permission and applications not been built in line with planning permissions. The application was considered acceptable by the officer due to the angles and level changes.”

Minutes

The decision

The committee upheld the officer recommendation and granted the application subject to the conditions in the officer’s report.

“That the officer recommendation be upheld, and the application be GRANTED, subject to the conditions outlined in the officer’s report.”

Minutes