Clowne housing campaign group vows to fight on

A campaign group has said it intends to continue its legal fight for a judicial review into a 1,800-home project in Derbyshire.

Clowne Garden Village Action Group (CGVAG) challenged Bolsover District Council's agreement to postpone contributions from the developer for special needs children and said it had failed to recognise the impact of the plans on the environment.

But at the High Court in Leeds on Wednesday, Justice Tim Mould refused permission for the challenge to proceed - which the council said "reinforces the soundness" of its decision to give it outline planning permission.

In response, CGVAG said it had consulted with its legal team and would proceed to the Court of Appeal.

The Clowne Garden Village scheme would lie across 24 hectares (59 acres) of greenfield land and feature 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.

The Local Democracy Reporting Service said many hundreds of residents and campaigners had raised objections citing fears of overcrowding, a strain on highways, health services and education, drainage and flooding problems and the impact on the countryside and wildlife.

The district council originally granted outline planning permission for Waystone Ltd's application in September 2024, after it also agreed arrangements for financial infrastructure contributions, known as section 106 contributions, worth millions of pounds to be paid by the developer.

However part of this was an agreement to defer a £1.4m payment from the developer towards helping young people with special educational needs and disabililities (SEND) depending on the scheme's viability.

As well as the SEND contribution and the environmental impact, the first request for a judicial review into the council's decision, submitted by CGVAG chairperson Dom Webb, cited an alleged failed assessment of the impact on archaeology and heritage.

This was refused earlier in the year, but Webb's solicitors submitted an appeal for the decision to be reconsidered at Leeds High Court.

On Wednesday this was also refused on all grounds.

Responding to this news, council leader 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."

But on Thursday, Webb said: "We are somewhat disappointed but the council have been premature in announcing their victory.

"After discussion between the solicitors, the two barristers and then myself, I have agreed and instructed that we will proceed with an appeal for Ground 1 (SEND and Library funding).

"Ultimately the SEND funding issue is a national crisis and this is a topic worth going to the mat over. So we will."

Earlier in the process Waystone Ltd said the scheme will support the need for housing, bring highway improvements and offer potential for economic growth, facilities and jobs.

Follow BBC Derby on Facebook, on X, or on Instagram. Send your story ideas to eastmidsnews@bbc.co.uk or via WhatsApp on 0808 100 2210.