A housing developer has been given the red light for their plans to build 185 new homes in Alfreton.
Gladman Developments Ltd had been seeking permission from Amber Valley Borough Council for outline planning for the erection of up to 185 dwellings including affordable housing, with public open space, landscaping, sustainable drainage system and vehicular access for land West of Chesterfield Road in Alfreton – land situated behind St Martin’s Church.
The council made the decision yesterday (Thursday, March 28) to refuse the planning permission on the grounds of the development: “fails to be environmentally sustainable by virtue of the harm caused to the prevailing character and appearance of the area and wider landscape and countryside;” the development would: “result in a loss of a large part of the non-designated heritage asset – Alfreton Park and loss of the setting incongruous visual presence which would affect the tranquillity of the setting of the Grade II Listed St Martins Church and Alfreton Hall and Alfreton Conservation Area;” and the application has: “failed to demonstrate that the loss of biodiversity can be adequately mitigated and compensated for within the site and/or adjacent land;” the application has: “failed to demonstrate that the proposed access strategy is a safe and suitable solution;” and that the development would result in a loss of protected trees.
In the council’s decision notice to the developers, Chief Executive of AVBC, Simon Gladwin, said: “In pursuance of the powers vested in the Amber Valley Borough Council under the above Act and Orders and taking into account Government policy and the saved policies of the Adopted Amber Valley Borough Local Plan 2006, and with reference to your application (Office Code: AVA/2023/0764) which was valid on the 6 October 2023 for permission for Outline planning for the erection of up to 185 dwellings including affordable housing, with public open space, landscaping, sustainable drainage system (SUDs) and vehicular access. All matters reserved except for access at Land West of Chesterfield Road, Alfreton.
“In the manner described in the application and shown on the accompanying plan(s) and drawing(s) notice is hereby given that permission for the proposed development is refused for the following reasons:
“1. The proposal fails to be environmentally sustainable by virtue of the harm caused to the prevailing character and appearance of the area and wider landscape and countryside. The development proposal is of such different character and permanency to the prevailing landscape character that it cannot be considered to protect or enhance its value. This high quality landscaping is an important planning attribute of the area and the proposed development would represent a harmful urban encroachment into the open and undeveloped countryside. The development proposal would affect the amenity of users of the local footpaths which are integral to the appreciation and enjoyment of landscape character. Accordingly, the proposal would undermine the development strategy set out under paragraphs 12, 15 and 180 under the provisions of the NPPF. The proposal is also contrary to Paragraph 8 of the NPPF, which states that there are three dimension to sustainable development; economic, social and environmental which must be read together as they are mutually dependent in the interest of ensuring a sustainable form of development is provided, and contrary to saved policies LS1 and LS3 of the Adopted Amber Valley Borough Local plan 2006.
“2. By virtue of its location, scale, form, amount and layout, the development would result in a loss of a large part of the non-designated heritage asset – Alfreton Park and loss of the setting incongruous visual presence which would affect the tranquillity of the setting of the Grade II Listed St Martins Church and Alfreton Hall and Alfreton Conservation Area. The level of harm caused is very high – at the upper end, to the setting of the Grade II* listed Church of St. Martin; Very high – at the upper end, to the setting of the Grade II listed Alfreton Hall; and Substantial harm to the NDHA – Alfreton Park, including loss of TPO trees, High harm to the setting of Alfreton Conservation Area. In terms of meeting the requirements of paragraphs 208 and 209 of the NPPF and balancing ‘less than substantial harm’ to the setting, there is no presently a need to release the site for any housing and together with other public benefits do not outweigh the harm to be caused to the setting of these designated and non-designated heritage assets. As such, the proposal is contrary to Policy EN24 of the adopted AVBC Local Plan and paragraphs 206 of the NPPF.”
Mr Gladwin continued: “3. The application has failed to demonstrate that the loss of biodiversity can be adequately mitigated and compensated for within the site and/or adjacent land. No biodiversity net gain assessment has been provided to demonstrate any measurable loss and ecological value of the proposal to ensure that the development would avoid significant harm to and could achieve positive outcome for the local biodiversity and environment. The proposal is contrary to paragraphs 186 (a) and (d) of the NPPF.
“4. The application has failed to demonstrate that the proposed access strategy is a safe and suitable solution. The applicant has failed to provide additional evidence and junction designs which provide a solution that does not rely on speed limit alterations as these cannot be achieved in this case. As such the proposal is contrary to saved policies TP1 of the Adopted Local Plan and paragraph 115 of the NPPF which jointly seek that satisfactory and safe access should be obtained to the transport highway network.
“5. The development would result in a loss of protected trees, which are important landscape features and contribute to the existing character and appearance of the area. The proposed design fails to avoid the loss of the significant trees and there are no reasonable exceptional circumstances presented to justify their loss. As such, the proposal is contrary to saved policies EN8 and EN9 of the Adopted Amber Valley Borough Local Plan and paragraphs 135 and 136 of the NPPF.”

To read the decision notice in full, go to hereand enter the planning reference: AVA/2023/0764.

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