Update 23rd May 2020: Flooding Concerns

Dr Paul Hodson and Amber Valley Planning Department

Subject: Discharge of Condition 13 of APP/M1005/W/15/3132791, Kedleston Grange

To Principal Planning Officer
Development Management
Amber Valley Borough Council

20th May 2020

At Quarndon Parish Council's virtual meeting last night I was tasked with writing to you to express the Parish Council's concerns with the developer's recent submission for Discharge of Condition 13 of APP/M1005/W/15/3132791, Kedleston Grange. We have consistently put forward reservations about the proposed management of surface and foul water on this site, including at a meeting with yourself and a colleague in August last year, and most recently in January this year with our response to AVA/2019/1135, an application to vary Reserved Matters.

I understand that the developers have at last submitted their proposals covering the management of drainage and flood risk to yourselves and that you asked Derbyshire County Council, the Lead Local Flood Authority, to review and comment on the document. I further understand that they have expressed their satisfaction that the applicant has met all of the technical requirements which are specific to the drainage/flood risk for the site.

Our concern is that, whilst we have no expertise in this field, others who have such knowledge continue to say that the submissions are erroneous, the latest, I believe, being a report from Peter Steer, consultant engineer with expertise in surface and foul water management.

which was sent to yourself a few days ago. His report is comprehensive and appears pretty damning to me. I would remind you that you need to be satisfied that the necessary surveying and design work has been carried out before the condition can be discharged. Our worry is that, given the present circumstances, those have not been adequately carried out nor physically checked by either the applicant nor a Covid-struck Lead Local Flood Authority.

It could be that major problems only come to light a number of years from now (when we met with the Catesby and Pegasus last year they were suggesting a 10 year building programme) and with the economic outlook being so uncertain it may then be difficult to find the party responsible to attempt to make good major errors and omissions made at this stage.

I hope you will review the evidence and be prepared to delay this development by asking for further work to verify the applicant's submission should you feel that there are any questions not answered to your total satisfaction.


Amber Valley's reply to Quarndon Parish Council

22nd May 2020

To Dr Paul Hodson

The Borough Council has consulted the Lead local Flood Authority (LLFA) at Derbyshire County Council in respect to the technical discharge of the drainage conditions.

The applicant has submitted a series of detailed information which has been reviewed by the LLFA who have advised the Borough Council that the information meets the requirements of the condition.

As you are aware the Borough Council does not consult with the public on the discharge of conditions like we do planning applications, as it is a technical process which is informed and reviewed by professionals in that field, however, the public have had sight of the information through a Freedom of Information request. The Borough Council has received numerous public representations (some of which are objecting to the principle of development which is not up for debate in this process which we can only assume has followed the round-robin email from Kedleston Voice we had sight of). We have forwarded the representations to the LLFA to review as part of their response to ensure they were aware of the concerns of residents.

The LLFA have reviewed their response in light of the representations received and confirmed that the information submitted satisfies condition 13 as the surface water management proposals are in line with current guidance and DEFRAs technical standards for sustainable drainage. We had not issued the decision when further reps were received and as such I forwarded these further correspondence to the LLFA at the end of last week and again await their conformation before I write to the applicant. I must advise, however, that at present the LLFA are satisfied that it meets the requirements and we are guided by their professional advice. I cannot hold off issuing the decision because residents keep sending in objections if the LLFA are satisfied with the information submitted.

At present the LPA has not written to the Agent confirming condition discharge.
I trust this information is of use.

Principal Planning Officer

Update February 2020

The Parish Council has responded to the application as follows:

The identified need in the Parish is for more 2/3 bed homes, so the reduction in 2-bed properties is disappointing. However the converse increase in 4-beds is both unwelcome and the ensuing number of extra bedrooms means that proportionately there are less parking places available per head. We continue to express our dismay about the failure of any attempt to address the concerns expressed by ourselves and many others about the management of surface and foul water on the site. We therefore object to this application as it stands.

A decision by Amber Valley Borough Council is anticipated by 26-March-2020 under the Delegated Powers.

Dr Paul Hodson,

Chair, QPC planning subcommittee

Update January 2020

The Parish Council continues to monitor the proposed development. Kedleston Estates and Catesby Estates have now taken their money and left us to continue to attempt to mitigate the worst excesses of this unwelcome development. The builder, Miller Homes Ltd, is now responsible for the site and submitted a further planning application at the close of last year.

The Parish Council have major concerns over both foul and surface water management and submitted a Freedom of Information request to Amber Valley Borough Council for any details of updated and accurate calculations as to how these were to be managed/mitigated on site. AVBC replied that they had received no such material.

Accordingly QPC submitted the following response on 9.1.20, to Miller Homes' application

AVA/2019/1135 Kedleston Road, 400 dwellings

QPC The Parish Council has delayed its response to this application whilst it awaited the outcome of its FOI application to AVBC concerning details of sewage and surface water management as there were references in this application to variation in the engineering and design levels 'to accommodate suitable foul and surface water gravity drainage solutions.' Despite this submission, it seems that detailed calculations have not yet been provided to AVBC. QPC objects to acceptance of this application in the absence of such detailed calculations and their subsequent ratification by independent experts.

The application has increased the numbers of 4 and 5 bedroom dwellings to a massive 35% of the total despite the made Quarndon Neighbourhood Plan clearly showing that there is no identified need for such properties in the Parish for the foreseeable future. Furthermore this application has introduced 3-storey properties as well as the 2.5-storey properties all ready proposed. It seems inevitable that these larger, higher properties, along with the proposed raising of levels will mean that the promised 'mitigation' of the harmful effect on the Kedleston heritage assets and the existing residents of Kedleston Road is a myth. QPC therefore objects to this application.

AVBC A decision is anticipated by 26-February-2020 under the Delegated Powers.

Dr Paul Hodson,

Chair, QPC planning subcommittee

Update October 2019

On the 14 November Kedleston Estates succeeded, through their surrogate Catesby Estates, in getting the green light from Amber Valley Planning Board to go ahead with developing the site at the Southern end of the Parish, where the intention is to build 400 houses, 2 or 3 storey in height and in a variety of styles A number of speakers, including myself on behalf of the village, were permitted to briefly address the Planning Board, raising various concerns about the proposed development
The Parish Council will continue to seek to influence the development and indeed some of the ' attached to the granting of permission to build are a direct result of our contacts with Amber Valley planners and Catesby Estates.
We will seek a dialogue with the firm who will undertake the construction and monitor their adherence to and ' of all the ' imposed, without which the development may not proceed As I mentioned in our spring Newsletter, an important issue which we will raise with the builders will be responsible routing of construction traffic, which should mean a total embargo of such vehicles through our village. Where a builder infringes the terms of the planning consent there is the option of ' by the Local Planning Authority If we see problems during construction we will not hesitate to alert Amber Valley to them, although we would wish to raise them (and hopefully resolve them) informally with the builder before proceeding to the enforcement process.

Dr Paul Hodson,
Chair, Quarndon Parish Council Planning Group

Update September 2019

Quarndon Parish Council had a meeting with Amber Valley BC Planning to discuss the Parish Council's objection to the planning application AVA/2019/0573 on 29 August 2019 at Ripley.

App address:

Land At Kedleston Road And Memorial Road Derby Derbyshire


Application for all of the matters reserved (appearance, landscaping, layout and scale) pursuant to Conditions 1, 15 and 16 of appeal decision APP/M1005/W/15/3132791 for the erection of 400 dwellings (Use Class C3). Environment statement- REF: AVA/2014/0928. (The proposal may affect the setting of a listed building)

These are the notes send to Rae Gee and Sarah Brooks following the meeting. Document is downloaded.

Update July/August 2019

The Kedleston Road Development - What happens next?

Kedleston and Catesby Estates first disclosed their intention to apply for planning permission to build 400 houses on a site off Kedleston Road, in the Parish of Quarndon in the summer of 2014.

Your Parish Council have worked strenuously since then, first to oppose this unwelcome development: meeting with councillors from the Borough, the County and Derby City as well as our MP. We attended an exhibition by Catesby Estates where we joined with one of the Allestree councillors in asking for information about how Catesby Estates foresaw the effects of the proposed development on traffic, transport, schooling etc. The answers were not encouraging.

We commissioned an Independent Traffic Consultant who confirmed the disruptive effect the development would have on residential roads and the local traffic network. We responded to AVBC's various consultation initiatives and liaised with Kedleston Voice, co-ordinating our separate presentations to the Special AVBC Planning Board held on 6th July 2015, which turned the application down.

There followed a tortuous path with an appeal and subsequent hearing, leading to a Government Inspector overturning AVBC's decision, then further appeals to all of which your Parish Council responded, objecting on your behalf, until finally in April this year when all our hopes were dashed and finally the developers won.

On the 16 April a group of us met with representatives of Catesby Estates and Pegasus Group, the developers, who shortly intend to submit a detailed planning application to AVBC to build between 395 and 400 houses on the site. They have been in discussions with AVBC planners and an Independent Review Panel as well as Derbyshire Conservation experts and as a result have already amended their original ideas.

It is most likely that they will sell the site to one, or, they assured us, at most two house builders who are expected to commence construction in the spring of 2020 and are likely to complete 60 to 80 houses a year. They have committed to a figure of 30% of the properties being affordable, in groups of 30, with a proportion being apartments. With the elderly and disabled in mind they have promised to provide accessible properties and to consider building bungalows or chalet style properties.

On the advice of the planners they have decided against a multi-use leisure facility with high, ball-proof wire-link fencing and flood-lights and will construct a free-form, land-art, open area for cycling/adventure play, in the north-west corner of the site, likewise there will not be a retail unit, but footpaths and crossings to facilitate access to the existing nearby store.

The main streets in the development will be tree-lined avenues and there will be a footpath/cycle track around the periphery of the site. We asked that they use their good offices with Kedleston Estates to request this footpath link up with one or both of the adjacent bridlepaths. Properties fronting onto Kedleston Road will have their fronts rendered.

We challenged the adequacy of their provision of parking on individual properties and will need to respond firmly when the detailed application is submitted, likewise, mitigation of the nuisance from construction traffic will have to be addressed with both the planning authority and the builders at that time.

We as a Parish Council have the prospect of a continuing responsibility to see that this development is fit for purpose and that it enhances both the existing community and the new community that it will generate. There are many important issues that are going to need to be addressed in the coming months: adequate educational and health care provision, mitigation of transport difficulties and flood risk, to name but a few. Solutions and compromises are going to need to be found.

We will do our best; you can help by talking to us, sharing your fears and especially your ideas for dealing with them!

Dr Paul Hodson, Chair, Quarndon Parish Council planning subcommittee

11 May 2019