Developer applies for planning permission for block of flats built 10 years ago
For more than a decade, residents on one street in Rotherham have been battling with Rotherham Council’s planning department regarding a block of flats constructed without adequate planning permission.
The three-storey structure on Shelley Road, in the Herringthorpe area of Rotherham, was first mooted in 2005 when two plans were submitted to the council.
One of these plans was withdrawn, with the other being conditionally granted, with the planning board putting forward a long list of notes.
In 2008 a further application, now from a new applicant, was submitted, though the council marked this one as ‘treated as withdrawn’ on March 30, 2011.
Details released in a retrospective application submitted in April this year, suggest that the building - made up of nine flats - was constructed during this time in June 2009.
Today the flats stand tall, and appear to be habited, with children’s toys and bikes dotted around the entrance way.
A retrospective application seeking approval was submitted in August 2023, with the council refusing the proposals at that time.
In their decision notice, the planning committee wrote: “The first and second floor habitable windows in the front elevation of the building, facing the gardens of 19 and 21 Shelley Road, result in an unacceptable level of overlooking to private rear garden areas and windows within rear elevations.
“Due to the design and position and level of the windows, the overlooking level is exaggerated and is materially harmful to the amenities of neighbouring properties.
“The drainage detail submitted on the site plan is unacceptable. The submitted drawing appears to show a public sewer diversion of public sewer crossing the site and there is no evidence that a sewer diversion has gained approval from Yorkshire Water under the provisions of section 185 Water Industry Act 1991.”
Nevertheless a fifth application was submitted in April this year, asking once again for retrospective permission for the flats.
The latest application features details of changes to be made based to teh flats on pre-application advice, including the removal of front Juliet balconies, a redesign of the front two flats, and working with Yorkshire Water on sewage systems.
However, some local residents ,are still concerned, with multiple objections submitted.
One objector wrote: “This application is an attempt to legitimise a structure that has already caused significant disruption, distress, and deterioration to the local area.
“It fails to address the very real concerns that led to the rejection of the previous application and continues to ignore the ongoing harm being caused to residents.
“It is unfair to those of us who follow local planning laws [and] are facing a significant lack of privacy from this unauthorised structure, and yet another application has been allowed.”
On August 6, officers recommended the application is approved.
The consultation period for this application ended on July 30, with a final decision det to be made by August 14.