Detached dwelling with access at Land Between 34 and 38 Lake View Avenue, Walton, Chesterfield

The site and surroundings

The triangular plot is at the turning head of Lake View Avenue, within the built-up area, between mainly single-storey homes and on elevated land.

“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 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 plot has a narrow frontage facing on Lake View Avenue consists of a gated access. The existing boundary treatments are varied, including a section of conifer hedge to the eastern boundary, timber fence to the south boundary and a retaining brick wall to the north/north western boundary. The land levels within the site increase towards the eastern boundary and as such the plot is elevated above No 34 Lake View Avenue to the West.”

Officer report

Earlier permissions and construction

Earlier permissions established residential development, but the permission lapsed after works began without discharging pre-commencement conditions, so this application sought to regularise the works.

“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. The current application is therefore a new submission to regularise the works.”

“CHE/16/00019/OUT - Outline application for residential development of a single chalet bungalow with all matters reserved – CONDITIONAL PERMISSION (31.03.2016)”

Officer report

What officers recommended

Officers considered the proposal acceptable and recommended approval subject to conditions covering plans, construction, drainage, ground gas, access, ecology and landscaping.

“CONCLUSION 9.1 Overall the proposal is considered to be acceptable in accordance with the above mentioned policies of the Local Plan. RECOMMENDATION”

“Drainage – surface water drainage to be agreed 5. There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to: i.”

Officer report

Officers’ main findings

Officers found the site suitable for infill housing and considered the design, neighbouring amenity, highways, drainage, ground conditions and biodiversity acceptable with conditions.

“It is necessary to note that the principle of development of the site for an infill dwelling has previously been established as acceptable as agreed under applications CHE/24/00019/REM1, CHE/21/00131/REM, CHE/19/00088/OUT and CHE/16/00019/OUT (see site history).”

“The application site is located within walking and cycling distance of key services/facilities located in the defined Walton Local Centre with access to public transport therefore the proposal is considered to accord with the principles of CLP1. The proposal would accord with criteria a, d, e, and h of CLP2, criteria b is not met as the site is not considered to be previously developed land.”

Officer report

Consultees’ views

Highways, the Mining Remediation Authority, Yorkshire Water and drainage consultees raised no objections, subject to conditions or agreed requirements, while wildlife advisers requested ecological measures.

“Mining Remediation Authority Initially raised no objections subject to conditions, further information provided by the applicant in the form of a completion report which addressed the details to be covered by condition. Final response 18.09.2025 revised comments no objections, no conditions required.”

“Yorkshire Water No objection subject to conditions…”

Officer report

Who spoke at the meeting

An objector and the agent addressed the committee, and a photograph concerning the pile foundations was shared with members.

Members’ discussion

Members discussed the foundations, possible removal of the conifer hedge, retrospective approval, building control matters and consultees’ lack of objections.

“The Committee considered the report and recommendations within it and Members noted the concerns made around the foundations of the piling and the potential impact of the conifer hedge if removed. The Committee also noted that this application seeks retrospective approval which was frowned upon. It was noted that construction issues fall under building control which is a separate process outside of this committee.”

Minutes

The vote

Councillor Miles moved, and Councillor Caulfield seconded, a motion to uphold the officer recommendation.

“It was moved by Councillor Miles and seconded by Councillor Caulfield that the officer recommendation be upheld.”

Minutes

The decision

The committee upheld the officer recommendation, granted permission subject to the reported conditions and issued a CIL liability notice for £21,722.

“That a CIL liability notice be issued for £21,722 as per section 6.9 of 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