Report by Local Democracy Reporter – Jon Cooper
A campaigner has lost his appeal to secure a judicial review into a massive Derbyshire housing project for 1,800 homes which has attracted fears from hundreds of protesters about overcrowding, a potential strain on highways and the loss of Green Belt land.
Bolsover District Council originally granted outline planning permission for Waystone Ltd’s application for Clowne Garden Village housing scheme near Clowne and Barlborough, in September, 2024, after it also agreed arrangements for financial infrastructure contributions worth millions of pounds to be paid by the developer.
But despite Clowne Garden Village Action Group Chairperson Dom Webb’s long fight to halt the scheme his appeal as claimant against defendant Bolsover District Council for a judicial review into the plans has been refused at Leeds High Court, on April 22.
Council Leader, Cllr Jane Yates, said: “The judicial review refusal reinforces the soundness of the council’s original decision.
“As with any major scheme, detailed designs will be assessed through future reserved matters applications, but this outcome supports the delivery of growth that has already been agreed in principle, and which is important for the district’s future.”
Following the refusal of Mr Webb’s first request for a judicial review into the council’s decision, earlier in the year, his solicitors submitted an appeal for the decision to be reconsidered at Leeds High Court.
The campaigner’s alleged grounds for a judicial review into the council’s decision were based on council agreements to postpone financial contributions from the developer for youngsters with Special Educational Needs and Disabilities depending on the scheme’s viability, alleged failures to recognise the impact on wildlife habitat and the environment, and an alleged failed assessment of the impact on archaeology and heritage.
But a judge initially dismissed concerns relating to the council’s decision to defer Waystone’s financial contributions over viability, and the judge felt that the equality implications and the impact to protected species had been considered, and that there was no need to assess the cumulative impact of the Clowne Garden Village scheme alongside a separate proposed nearby water park scheme.
However, Mr Webb’s legal team filed an appeal in light of the refused judicial review arguing the judge did not fully address the equality implications of the council’s decision to defer the developer’s financial contributions on the grounds of Waystone’s viability concerns.
They also argued that the equality implications and the impact on protected species were not fully addressed and properly considered, and that there was a failure to assess the cumulative impact of Clowne Garden Village and the nearby, separate, proposed water park scheme at Whitwell Common, as well as the need to mitigate against climate change.
Mr Webb argued the council should have stated where within the ‘category of less than substantial harm’ the housing development fell according to Planning Practice Guidance despite the judge’s findings that the PPG does not apply at the outline planning stage.
He claimed his case has clearly been about protecting the most vulnerable people in society, the environment and wildlife.
Mr Webb claimed that Bolsover District Council had wrongly allowed the developer to delay making a payment to Derbyshire County Council for SEND provisions and he had argued there were significant gaps in the environmental assessment process of the planning application.
Allegations included that there had been a breach of Environmental Impact Assessment Regulations due to the lack of an assessment whether the development would impact the structural integrity of the local reservoir.
Further claims included 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.
However, Bolsover District Council confirmed that The Honourable Mr Justice Mould has now ruled that claimant Mr Webb’s appeal for permission to apply for a judicial review should be refused on all grounds which the council says reaffirms the earlier written ruling made by the court.
The Clowne Garden Village scheme aims to lie across 24 hectares of greenfield land and features plans for housing, employment, community and commercial developments, green infrastructure, educational and recreational elements, a retirement village, a neighbourhood centre, a hotel, restaurant and health care and leisure uses.
Many hundreds of residents and campaigners have raised objections amid fears the scheme 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.
Clowne Garden Village Action Group also fears additional developments including a proposed water park scheme, at Whitwell Common, as well as others at nearby Creswell, could have a combined detrimental effect for the region’s highways and environment.
The council has always stated that it has met its duties under the environmental impact assessment regulations and that it has been cooperating fully with relevant interested parties and it is committed to transparency.
Waystone has claimed the housing scheme will support the need for housing and it will bring highway improvements and it will offer potential for economic growth, facilities and jobs.
Chief Executive Karen Hanson praised the hard work and professionalism of officers involved throughout the legal proceedings, recognising their diligence in supporting the council’s decision-making through both the written and oral stages of the case.
