Council spends £180,000 losing Ashbourne A52 housing appeal

The housing would be built on a steep site on the edge of Ashbourne
-Credit: (Image: Ninteen47)


A Derbyshire council spent £180,000 losing a planning appeal against more than 80 homes on a steep hillside overlooking the A52. Derbyshire Dales District Council has revealed that it spent £181,619 fighting an appeal for 87 homes at Leys Farm off Wyaston Road, Ashbourne.

The appeal, brought by Woodall Homes, followed a rejection from the district council in December last year – against the recommendations of its own officers – and a public inquiry in May led by Government planning inspector Hayley Butcher. Councillors had felt the scheme would contribute to the “pretty devastating” cumulative impact of house-building in the area, potential flooding, accessibility for pedestrians and cyclists, traffic congestion and environmental impacts.

They had been warned that due to council officials having recommended approval, that outside help would have to be recruited to defend the appeal, with the authority agreeing to set aside £100,000. That cost was significantly exceeded, and the council is also now looking to earmark a further £250,000 for further potential planning appeal defences.

READ MORE:National Express passengers horrified as 'cockroaches seen crawling all over seat'

READ MORE:Inside Andy Murray's life off the court including huge net worth and split from wife Kim

Ms Butcher, allowing the appeal in June, said the council had agreed to drop a number of reasons for refusal, reducing the opposition to highways safety, accessibility and impact of the design on the character of the area. She wrote: “I find that the proposal would not result in an unacceptable impact on highway safety.

The site is on a steep slope between Ashbourne and the A52
The site is on a steep slope between Ashbourne and the A52 -Credit:Ninteen47

“I consider the site is in an accessible location and would offer a genuine choice of transport modes. The main route through the development would not traverse significant changes in levels either on-site or in relation to Wyaston Road, and therefore would not result in an overly steep route to navigate on foot.

"I therefore find that public transport would be a genuine and realistic option for future occupiers of the development. Cycling to Ashbourne would also be a suitable option given the distances and routes involved.

"The site’s gradient, for the reasons already set out, would again not be a significant deterrent in this regard. I find that the development would deliver good design and would respond positively to the character and appearance of the surrounding area.

“The proposal would result in an increase in vehicular movements on the local transport network. Whilst it is now accepted by the council that there would not be an unacceptable impact on highway safety, I, nevertheless, accept that there would be some adverse impact on the transport network.

“This would not, however, of itself, be sufficient to warrant a reason to dismiss the appeal. I am satisfied adequate parking could be provided and I have included relevant conditions to protect the living conditions of occupiers of neighbouring properties.

"I find no reason to conclude that cyclists would be put in danger due to the proposed development and access. Whether there is a need for housing is not a matter on which this case turns.

“Finally, there is no substantive evidence before me that the proposal would result in increased flood risk elsewhere.”

Woodall Homes had applied to have the district council pay for its costs for the appeal but this was dismissed by Ms Butcher because “unreasonable behaviour resulting in unnecessary or wasted expense has not been demonstrated”. The council’s £181,000 costs are broken down as follows:

  • £92,000 – technical consultants for design and drainage issues

  • £41,000 – Kings Counsel barrister

  • £28,000 – independent planning consultant

  • £20,000 – partial costs to Woodall Homes for withdrawing two refusal reasons

This shows that the council was already going to have overspent its allocated appeal budget by £61,000 before its extra costs for withdrawing reasons for refusal during the inquiry window.

We send out the biggest stories in an email every day. Sign up for the main Derbyshire Live newsletter here.