Council threatened with High Court over controversial plans for 1,800 new Derbyshire homes
A campaigner is preparing to apply for a judicial review into a controversial housing scheme for 1,800 homes unless council planners agree to quash their decision to approve the development.
Bolsover District Council previously approved Waystone Ltd’s outline planning permission for the scheme for 1,800 homes, near Clowne and Barlborough, subject to agreed financial infrastructure contributions from the developer worth millions of pounds which were finally completed and agreed by the council on August 20.
However, Dominic Webb, Chairperson of the Clowne Garden Village Action Group, has appointed law firm Leigh Day to submit alleged grounds for a judicial review into the council’s decision based on agreements to postpone SEND contributions from the developer, alleged failures to recognise the impact on wildlife habitat and the environment, and an alleged failed assessment of the impact on archaeology and heritage.
Mr Webb said: “Residents of Clowne and Barlborough have been subjected to a process that has dragged on for over eight years, without any finality, by a district council that has failed to heed residents’ clear concerns.
“The council’s own planning committee members have expressed concern over the process undertaken.
“It is therefore right that having failed to represent residents in any shape or form, the district council now faces a simple choice. Either quash the legally unsound decision to approve planning permission, or defend its actions in the High Court.”
Campaigners have continued to oppose the plans for 1,800 homes with 24 hectares of greenfield land for employment, community and commercial development, green infrastructure, educational and recreational uses, a retirement village, a neighbourhood centre, hotel, restaurant, and health care and leisure uses at a site near Clowne and Barlborough including part of Clowne village centre off Hickinwood Lane.
Many hundreds of residents and campaigners have raised objections to the scheme amid fears it will lead to overcrowding, place a strain on highways, health services and education, create drainage and flooding problems and affect the countryside and wildlife with the loss of some Green Belt land.
During the planning process, a consultation attracted at least 1,400 comments and the Clowne Garden Village Action Group’s membership grew to over 2,000 people and its online and paper petitions attracted over 6,000 signatures from residents opposed to the scheme.
Plans for the Clowne Garden Village scheme were first considered by the council in 2018 and campaigners claimed the matter was delayed over discussions about highway improvement schemes and they later argued the proposal had become outdated.
Bolsover District Council’s planning committee had originally resolved to approve the application in June, 2018, subject to conditions and it being temporarily referred to the Secretary of State, but following delays with legal agreements and the Covid-19 pandemic, reports needed to be updated and the application came under consideration at a much later date.
The council also stated that the Clowne Garden Village scheme properly featured as a strategic site allocation in the Local Plan for the district which was adopted in March, 2020, although it recognised the current increased total number of properties became dependent on further approvals.
Its planning committee finally approved Waystone Ltd’s outline planning application in September, last year, and the S106 financial infrastructure contributions to be paid by the developer were agreed by the council on August 20.
The S106 contributions included an agreement to defer a £1,463,597 payment from the developer towards helping young people with Special Educational Needs and Disabilities depending on the scheme’s viability.
However, Law firm Leigh Day has formally outlined in correspondence to the council, on Mr Webb’s behalf, the alleged potential grounds for an application for a judicial review into the council’s decision to approve the housing scheme unless the council agrees to quash the decision.
These include the council’s decision to postpone contributions for youngsters with SEND from the developer pending a viability review and an alleged breach of Habitats Regulations with no clear conclusion on the scheme’s impact on wildlife breeding sites.
Other allegations include an Environmental Impact Assessment Regulations breach due to the lack of an assessment whether the development would impact the structural integrity of the local reservoir.
And further claims include the need to consider the scheme’s impact from greenhouse gas emissions from construction, the cumulative environmental effects of the housing and other infrastructure, and the need for a further assessment of the impact on archaeology and heritage.
Leigh Day solicitor Rowan Smith, who represents Mr Webb, said: “Our client is arguing that Bolsover District Council has wrongly allowed the garden village developer to delay making payment to Derbyshire County Council for SEND provisions.”
Mr Smith added: “Our client is also arguing that there were significant gaps in the environmental assessment process of the planning application.
“Mr Webb hopes that this letter will prompt Bolsover District Council to agree that its grant of planning permission should be rescinded.”
Should Mr Webb apply for a judicial review he will be calling for the Secretary of State for Housing, Communities and Local Government to decide whether the scheme should go ahead.
However, the Secretary of State originally decided in February not to call in the planning application for further consideration and to leave its determination with the council, and that officers had recommended draft details concerning the developer’s financial contributions towards the infrastructure be approved allowing for any minor amendments to finally confirm the overall planning permission.
In addition, Derbyshire County Council’s highways authority and Highways England raised no objections to the scheme, and the county council’s flood team, the Environment Agency, the Coal Authority, Derbyshire Wildlife Trust and Yorkshire Water also raised no objections.
The council has also stated that it has met its duties under the environmental impact assessment regulations.
A council spokesperson said: “We are aware of the ongoing legal matter and are cooperating fully with the relevant interested parties.
“As the case is subject to potential legal proceedings, it would be inappropriate for the council to comment further at this time.
“We are committed to transparency and will provide updates when it is appropriate to do so.”
Waystone has claimed there is support for the scheme in terms of the potential for economic growth, facilities and jobs and that it will also support the need for housing and bring highway improvements.