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Retrospective planning permission granted for two flats behind Bath Street

A two-storey building containing two flats to the rear of Bath Street in Ilkeston has been granted retrospective planning permission by Erewash Borough Council.

The decision relates to land at Unit D, rear of 103 Bath Street, accessed via Pelham Avenue, and is linked to the wider redevelopment of the former Poplar Inn site, first approved by the council in 2019.

Planning documents confirm the building had already been constructed before formal planning permission was granted. A retrospective application was therefore required to regularise the development, meaning the council assessed the building after it had already been built.


How this is linked to the Poplar Inn redevelopment

In 2019, Erewash Borough Council approved a major mixed-use scheme covering the former Poplar Inn and surrounding land on Bath Street. That permission included new homes, retail units and the conversion of an existing outbuilding into two flats.

During construction, the outbuilding, referred to in planning documents as Building D, was demolished and rebuilt rather than converted as originally approved. Other elements of the wider site were also completed differently to the approved plans.

As a result, the council required a further application to retain the development as built and to remove, amend and replace a number of planning conditions attached to the original 2019 approval.


Why retrospective permission was needed

Although the replacement building is similar in size, position and appearance to the structure previously approved, planning officers confirmed it could not be treated as part of the original consent because it had been rebuilt without permission.

The application was therefore considered as one for the retention of development already completed, rather than a new proposal.


No objections raised

Erewash Borough Council confirmed that no objections were received during the consultation period.

Ward councillors raised no concerns, and Ilkeston Heritage Society made no representations. Neighbouring properties were notified, a site notice was displayed, and a notice was published in the local press.


Planning officer assessment

In a delegated report, planning officers concluded the development was acceptable and complied with local and national planning policy.

The report states that:

  • The two one-bedroom flats exceed national minimum space standards
  • Living conditions for future occupants are acceptable
  • There would be no significant impact on neighbouring properties
  • Parking provision is appropriate given the town centre location
  • The building is not visible from within the Ilkeston Conservation Area

Officers also noted that drainage, access, bin storage and affordable housing obligations are already secured through the wider redevelopment.


Decision

The council granted unconditional planning permission, meaning no additional conditions were attached to the approval.

The report states there were no problems for which the Local Planning Authority had to seek a solution and confirms the decision formally regularises the development as completed.


What happens next

The approval allows the two flats to remain in use as part of the completed Bath Street redevelopment.

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