Rear extension and chimney at 24 Eastcott Close, Luton

What was proposed

The retrospective application sought a single-storey rear extension and chimney flue, including a canopy, pizza oven, wood burner and chimney.

“The single storey structure is formed by a canopy enclosed on three sides with a wall built on the western boundary incorporating a pizza oven and wood burner with a chimney protruding through the roof of the canopy. Fig. 3: Proposed Plan…”

Officer report

The site

The site is a two-storey semi-detached home in a residential area, with a front drive and rear amenity space.

“Background The Site and surroundings 3. The application site comprises of a two-storey semi-detached dwelling located on Eastcott Close which is residential in character. The site benefits from a front drive and well proportionated rear amenity space. Fig. 1: Site Location Plan…”

Officer report

Earlier permissions and enforcement

Earlier permissions covered rear and front extensions, while an enforcement investigation found that the chimney required planning permission.

“Site History 4. 81/00913/FUL - Erection of a single storey extension to the rear of the dwellinghouse. – permitted 5. 91/00571/FUL - Erection of a single storey front extension. – allowed on appeal. 6. 91/00572/DIS - Front extension - discharge of conditions of the appeal decision. The application has resulted from an enforcement investigation which focussed on the chimney only and found that planning permission was required.”

Officer report

Consultation responses

Environmental Protection raised no objection, while one of four consulted adjoining properties objected to the amended scheme.

“Statutory Consultation Responses Technical Consultation 16. The application was notified to Environmental Protection, and no issues have been raised towards the development. The technical consultees, together with the responses received, are captured at ‘Appendix 2’ of this report. Statutory Public Consultation 18. The application was notified to 4 adjoining properties in accordance with current practice.”

“December 2025. Any further representations received will be reported to the meeting. Report of the Officer 20. The main issues relating to this proposal and its impacts on the adjoining occupiers and potential for smells and cooking odours. Biodiversity net gain 21. The permission does not require a biodiversity gain plan before development begins because statutory exemptions apply.”

Officer report

Objections raised

The objection concerned retrospective works, smoke, odour, fumes, noise, visual intrusion, pollution, health risks, fire and the chimney’s appearance.

“Lalleford Road raising concerns relating to the following:- (i) The retrospective nature and unauthorised works have caused great distress and severely impacted the enjoyment of the garden and property and granting permission retrospectively would undermine trust in the proper operation of the planning process.”

“(iii) Pollution and health risks from a fan designed for solid fuel use, producing high volumes of flue gases at extreme temperatures. (iv) Smoke generated from the chimney has been experienced and the fire service was called and they were advised to install fire detectors in the garage. The Fire Authority should be consulted on the application. (v) Industrial-style flue fan chimneys and are out of keeping with the domestic suburban setting.”

Officer report

Who spoke

A ward councillor spoke against the application, and the applicant’s wife spoke on behalf of the applicant.

Members considered the proposal

After questions, comments and statements, the Chair moved approval with an additional condition preventing the extension from being fully enclosed.

“Following questions, comments and statements from Members of the Committee, the Chair moved the Officer’s recommendation to approve the application, as set out in the report (Ref 7) with an additional condition to prevent the extension being fully enclosed.”

Minutes

The committee voted

The motion was seconded and Members voted in support of the application.

“The recommendation as moved by the Chair was seconded and Members voted in support of the application.”

Minutes

The decision

The application was approved, with permission granted under the report’s conditions and an additional condition preventing full enclosure of the extension.

“Resolved: (i) That the application as set out in the report (Ref 7) be approved.”

“(ii) That planning permission be granted subject to the conditions set out in Appendix 1 to the report (Ref 7).”

Minutes