Report by Local Democracy Reporter – Jon Cooper
A Derbyshire council has issued a formal warning to a developer involved in the transformation of a former contaminated brownfield site for housing to replant 75 trees after their continued absence has been highlighted.
North East Derbyshire District Council confirmed a Breach of Condition Notice has been issued to Tilia Homes which was originally granted planning permission to build 469 properties at The Avenue site, off Derby Road, at Wingerworth, which was a massive coking works that underwent reclamation to make way for housing and industrial schemes.
But District Cllr Ross Shipman has highlighted on-going concerns about ‘missing and failed’ trees with no signs of replanting at the site, near Chesterfield, and he is urging the council to impose a short, firm deadline for the developer to purchase and plant the outstanding trees.
Cllr Shipman said: “The council has confirmed that a Breach of Condition Notice was issued to developer Tilia Homes earlier this year, requiring approximately 75 trees to be replanted after previous failures had not been addressed.”
The Derbyshire Independents Group Councillor, for Tupton, claims that he was told the replacement planting had been completed apart from some trees requiring additional street works but he says the missing trees have still not been replaced.
Cllr Shipman added: “I’ve responded to the council highlighting this and asking that they apply pressure to Tilia Homes, giving them a short, firm deadline to purchase and plant the outstanding trees.
“We are now in the October to April planting season, so there should be no reason for this to drag on for another year.”
North East Derbyshire District Council approved plans for 469 homes on the site in 2014 and Tilia Homes has built at least 252 properties – which are believed to relate to the missing 75 trees – and the remaining 217 homes gained ‘reserved matters approval’ in November 2023.
NE Derbyshire District Council stated that it is actively investigating the issue and it has served a Breach of Condition Notice on Tilia Homes and has a pre-planned meeting with other involved developers in the coming weeks.
A district council spokesperson said: “We are required to exhaust informal negotiation routes first, but where formal enforcement action is required this case demonstrates we are prepared to take it.
“Landscaping is season dependent and conditions requiring replacement of failed plantings are not enforceable until the developer has failed to carry out those replacements in the following season.
“This can result in a long delay in the council’s ability to take enforcement action and we appreciate the frustration this can cause.
“We understand that residents want the issues resolved as soon as possible. We have to follow a robust process in order to make sure that happens, but this is a case we have been pursuing actively for a period of time.”
The Breach of Condition Notice is a formal legal notice issued by a council to a business when the local planning authority believes they have breached a specific rule or limitation attached to an approved planning permission.
Cllr Shipman said: “It’s time for Tilia Homes to deliver what was promised and for planning enforcement to ensure they do.
“I’ll continue pushing for this to be resolved and will share any further updates.”
Tilia Homes was approached for a comment but the company had still not responded by the time of publication.
A further 200 homes are expected to be built at the site by a developer after Derbyshire County Council submitted a business case for an upgraded junction at Derby Road and Mill Lane, just past the Bellway Homes Curzon Park estate, with £1m of East Midlands Combined County Authority funding.
