Legal claim filed against Bolsover District Council over controversial plans for 1,800 new homes
It's over plans for two developments near Clowne and Barlborough
A campaigner has formally filed a legal claim against Bolsover District Council in a bid to secure a judicial review into a controversial housing scheme for 1,800 homes near two Derbyshire villages after lawyers say the authority has declined to review its decision to approve the development.
The council granted outline planning permission for Waystone Ltd’s application for its housing scheme, near Clowne and Barlborough, in September, 2024, and agreed financial infrastructure contributions worth millions of pounds in August to be paid by the developer.
But following Clowne Garden Village Action Group’s long-running campaign with online and paper petitions attracting over 6,000 signatures against the scheme, law firm Leigh Day has confirmed it has filed a claim to the courts on behalf of group chairperson Dominic Webb calling for a judicial review into the council’s decision to approve the housing scheme.
Leigh Day outlined alleged grounds for a judicial review into the council’s decision based on council agreements to postpone contributions from the developer for youngsters with Special Educational Needs and Disabilities, 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, who appointed law firm Leigh Day, said: “The case is clearly about protecting our history, our most vulnerable people in society, and our environment and wildlife.
“Had Bolsover District Council listened to what they had been told then this case would not be needed to protect Clowne from Bolsover District Council.”
The scheme lies across 24 hectares of greenfield land and features 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.
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.
Bolsover District Council’s planning committee 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 contribution arrangements 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 the alleged potential grounds for an application for a judicial review into the council’s decision to approve the housing scheme.
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 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 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 stated that Mr Webb is arguing that Bolsover District Council has wrongly allowed the developer to delay making a payment to Derbyshire County Council for SEND provisions and he is also arguing there were significant gaps in the environmental assessment process of the planning application.
Mr Smith said: “Our client has now filed his claim against Bolsover District Council, arguing that it was wrong to allow the Clowne Garden Village developer to delay making payment to Derbyshire County Council for SEND provisions.
“Mr Webb had hoped his pre-action letter would prompt the council to review its decision, but in light of no such action he has now progressed with his judicial review claim.
“Mr Webb remains concerned with the lack of SEND support from the developer, and takes issue with the environmental assessment of the development.”
Clowne Garden Village Chairperson Mr Webb’s application for a judicial review into the council’s decision concerning the Clowne Garden Village has been filed for consideration by the courts.
The Secretary of State for Housing, Communities and Local Government originally decided in February not to call in the scheme’s planning application for further consideration and to leave its determination with the council.
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 declined to comment further due to legal proceedings but the authority previously stated it has been cooperating fully with relevant interested parties and it is committed to transparency and it will provide updates when it is appropriate to do so.
Waystone Ltd has claimed the scheme will support the need for housing and it will bring highway improvements and it will offer potential for economic growth, facilities and jobs.