High Court to consider review of plans for 1,800 new homes connected to water park in Bolsover

A determined campaigner has confirmed an appeal date in a bid to secure a judicial review into a massive Derbyshire housing project for 1,800 homes as protesters believe a proposed water park resort in the same area has also become dependent upon the scheme.

Bolsover District Council originally granted outline planning permission for Waystone Ltd’s application for its Clowne Garden Village housing scheme near Clowne and Barlborough, in September, 2024, after it agreed arrangements for financial infrastructure contributions worth millions of pounds to be paid by the developer.

But after Clowne Garden Village Action Group Chairperson Dom Webb’s initial call for a judicial review into the council’s decision was refused his solicitors submitted an appeal for the decision to be reconsidered at a hearing at Leeds High Court on April 22.

Mr Webb said: “We are confident the appeal, to be heard in open court, will see permission granted across all four grounds and the council can then, rightly, defend their actions in court.”

The campaigner outlined alleged grounds for a judicial review into the council’s decision based on council agreements to postpone financial 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.

But a judge dismissed concerns relating to the council’s decision to defer Waystone’s financial contributions over viability, and 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, campaign group Say No to the Wolf has argued that Waystones Ltd and Great Lakes UK Ltd separate planning application to the council for a Great Wolf Resorts’ indoor water park and resort on nearby land at Whitwell Common, on the edge of Clowne, relies on the success of the Clowne Garden Village Scheme.

Mr Webb’s legal team filed an appeal in light of the refused judicial review into the housing scheme 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 argue 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, as well as the need to mitigate against climate change.

Mr Webb is also arguing the council should have stated where within the ‘category of less than substantial harm’ the housing development fell according to Planning Practice Guidance and despite the judge’s findings that the PPG does not apply at the outline planning stage.

Campaigner Mr Webb has said the case is clearly about protecting the most vulnerable people in society, and the environment and wildlife.

Bolsover District Council’s planning committee originally approved Waystone Ltd’s outline planning application in September, 2024, for Clowne Garden Village and the arrangements for the S106 financial infrastructure contributions to be paid by the developer to support the area were agreed by the council in August, 2024.

The S106 arrangements included an agreement to defer a £1,463,597 payment from developer Waystone towards helping young people with SEND depending on the scheme’s future viability, and this agreed leeway for the developer lies at the heart of Mr Webb’s call and appeal for a judicial review.

Mr Webb’s alleged potential grounds for a judicial review 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.

Mr Webb has argued that Bolsover District Council has wrongly allowed the developer to delay making a payment to Derbyshire County Council for SEND provisions and he has also argued there were significant gaps in the environmental assessment process of the planning application.

Campaigners suspect plans for the water park have been influenced by the Clowne Garden Village and they fear the two projects may lead to combined impacts on the environment with increased traffic despite the judge’s findings that there was no need to assess the cumulative impact of the housing scheme alongside the water park plans.

Clowne Garden Village Action Group fears additional developments including the water park, as well as others at nearby Creswell, could have a combined detrimental effect for the region’s highways and environment which is why Mr Webb claims this should also be considered by a judicial review.

The council has 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 and it will provide updates when it is appropriate to do so.

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.

The filed appeal against the refused judicial review lists Dominic Webb as the claimant and Bolsover District Council as the defendant and Waystone Ltd as an interested party along with the argued grounds for the case to be renewed.

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 already 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.

Bolsover District Council has stated throughout legal proceedings that it does not wish to offer any further comment at the moment while it is co-operating with the High Court process.

The Say No to the Wolf group has raised fears about the combined impact of the housing and resort projects and it is holding a rally against the water park plans, on April 18, at Gapsick Lane, near the scheme’s proposed greenfield site at Whitwell Common, south of Springfield Farm, and near to Worksop Road.

It claims the water park’s progress will rely heavily on the housing scheme which has been disputed by the council and Great Wolf who have argued the two sets of plans are separate and being addressed independently.

The proposal for a Great Wolf Lodge water park resort planned for 19.3hectares of agricultural land between Barlborough, Clowne and Whitwell could feature a hotel, a water park, an adventure park, conference facilities, restaurants and staff accommodation with associated access, parking and landscaping.

Great Wolf stressed its plans for a resort near Clowne have nothing to do with Clowne Garden Village and they are not reliant on the housing scheme, however campaigners still suspect plans for the nearby water park resort in Derbyshire have been influenced by the housing scheme.

But Bolsover District Council has insisted the timing of the proposed location for a new multi-million pound leisure resort on the outskirts of Clowne has not been influenced by plans for the Clowne Garden Village housing scheme.

Great Wolf Resorts said the water park scheme could create hundreds of jobs, attract visitors, and investment, and also deliver significant economic, social and environmental benefits for the area.

And despite concerns that such a development may create traffic problems, Great Wolf argued this will not be the case as guests tend to arrive gradually at different times rather than all together and it aims to operate a minibus service.

A Great Wolf spokesperson previously said most families will travel from neighbouring areas and stay overnight so its choice of location is more focused on accessibility and is not related to or dependent on the Clowne Garden Village.

The spokesperson added that its resorts operate like a hotel rather than a traditional British holiday park, with no set change-over-days, arrival or departure times which helps to reduce traffic levels.

Great Wolf also explained that it aims to rewild 5.7 hectares to the west of the development site and there are plans to plant thousands of trees on the development site with improvements to hedgerows around the periphery.

Council Leader, Cllr Jane Yates, has said the water park scheme is an exciting project and one of the council’s key priorities is growth with the creation of jobs and this proposal not only meets this but will provide leisure opportunities.

Alongside Mr Webb’s appeal for a judicial review into the Clowne Garden Village scheme, he has requested that the Secretary of State for Housing, Communities and Local Government calls in the water park planning application for consideration based on environmental and highways concerns and due to the significance of two major schemes in the same area.