Legal claim seeks review of 1,800-home development

The major development is set to be built on 59 acres (24 hectares) of greenfield land near Clowne

A campaigner has filed a legal claim against a district council in a bid to secure a judicial review into a controversial housing scheme for 1,800 new homes.

Bolsover District Council granted outline permission for Waystone Ltd's plans for the development, near Clowne and Barlborough in Derbyshire, in September 2024 along with financial infrastructure payments from the developer.

Dominic Webb, chair of the Clowne Garden Village Action Group, alleged that the council had agreed to postpone contributions from the developer for SEND children and had failed to recognise the impact of the plans on the environment.

A council spokesperson declined to comment further due to legal proceedings.

The claim also alleges the council had failed to recognise the impact on wildlife habitats, archaeology and heritage.

Law firm Leigh Day filed the claim on behalf of Mr Webb, who said the case was about "protecting our history, our most vulnerable people in society, and our environment and wildlife".

The action group's long-running campaign has included online and paper petitions with more than 6,000 signatures against the scheme, which lies across 59 acres (24 hectares) of greenfield land.

It also includes commercial, educational and recreational elements, as well as a retirement village, the Local Democracy Reporting Service (LDRS) said.

Dominic Webb says the case would not be needed had "Bolsover District Council listened to what they had been told"

Objections to the development include fears it will lead to overcrowding, place a strain on highways, other local services, and create flooding problems.

The financial infrastructure payments, known as section 106 contributions, were approved by the council's planning committee, and included an agreement to defer a £1.4m payment from the developer towards helping young people with SEND depending on the scheme's viability.

Leigh Day solicitor Rowan Smith said Mr Webb was arguing that Bolsover District Council had wrongly allowed the developer to delay making a payment to Derbyshire County Council for SEND provisions and he was also arguing there were significant gaps in the environmental assessment process of the planning application.

He said: "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."

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.

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, bring highway improvements and offer potential for economic growth, facilities and jobs.