New estate plan stalls over affordable homes deal

Previously approved new homes in Derbyshire are now set to be rejected due to the developer not signing a legal agreement over infrastructure and affordable homes.

Derbyshire Dales District Council says Woodall Homes will not agree to build 17 affordable homes and pay £63,000 in improvements to nearby health facilities, parks and allotments as part of a 57-home development surrounding Jacksons Ley in Middleton, near Wirksworth.

Councillors approved plans in November 2023 with officials to seal the required infrastructure payments and affordable homes via a legal agreement.

Council officials now say the process has stalled due to an "unwillingness of all the parties to sign the legal agreement".

Having previously urged councillors to approve the plans, the Local Democracy Reporting Service (LDRS) said officials were now advising them to change their minds and reject the scheme at a meeting on Tuesday.

The plans, which had seen 13 objections from residents, along with opposition from Middleton Parish Council, had required £51,300 for improvements at nearby medical centres, £8,327 for parks and £3,368 for allotments.

Council officers wrote: "Collectively the planning obligations which were being sought helped to mitigate the impact of the 57 dwellings.

"Without the legal agreement no affordable homes will be provided and the financial contributions towards health care, parks and gardens and allotments would be lost.

"This makes the development unacceptable in planning terms and contrary to the development plan.

"In the absence of a completed legal agreement, the only course of action is to refuse the application."

LDRS said the proposed homes would encircle the new-build Jacksons Ley development, which was only approved at appeal.

During the November 2023 planning meeting, Darren Abbott, on behalf of Woodall Homes, said the firm aimed to replicate its successful schemes in Darley Dale, Matlock and Tansley.

He said the plot "straddles" the settlement boundary and part of the site was allocated for 45 homes, representing a "logical and sustainable development".

Mr Abbott said the firm had reduced the number of homes planned on-site from 75 to 57 due to the concerns of consultees and residents, saying the scheme would "create an attractive gateway into the village".

He said the site would cater for first-time buyers, "downsizers" and people with mobility requirements – particularly through the inclusion of seven bungalows.

Wirksworth councillor Peter Slack said: "It is squashing houses and gardens in a small area. It is not a way people should be living.

"They should have a reasonable garden. Cars are going to be on pavements, it is all squashed in. It is a very, very poor design altogether."

Woodall Homes said in a statement: "Despite our best intentions on the site at Middleton by Wirksworth and our signature being in place on the necessary documents, we have been unable to reach an agreement with the landowner, which has prevented the successful completion of the Section 106 legal agreement for this site."

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