Developer fights back against order to demolish caravan site
A DEVELOPER is fighting a Government order to demolish large parts of a Derbyshire caravan site which is said to represent a permanent “scar” to the protected Derwent Valley.
Countrywide Park Homes was ordered by a Government planning inspector to demolish large sections of unlawful development at Haytop Country Park in an appeal loss in late August. It was given six months.
Now the firm has submitted an appeal to the High Court so it does not have to demolish concrete bases, boulder walls, a road and to reprofile the hillside.
At the same time, it is also appealing against an order from Amber Valley Borough Council to replant more than 120 trees on the site, overlooking Whatstandwell.
The Whatstandwell and Alderwasley Community Action Group (WACAG) fears the scheme poses a further threat to the World Heritage Site of the Derwent Valley Mills. It fears the Haytop scheme represents both the “thin end of the wedge” for permanent development in the protected valley and the “final nail in the coffin” for its World Heritage status under Unesco. This is in addition to the 118-home Whitehouse Farm scheme near Belper and the 17-storey Landmark building in Derby.
In 2017, Countrywide illegally felled more than 120 trees and a
court case saw it fined £8,000 for its actions. It must replant trees as part of that decision.
However, the company disputes the council’s chosen locations for the trees – the exact spots in which they had previously stood. If trees were to be replanted in those spots, it would mean much of the development it has built would have to be demolished, regardless of the firm’s High Court challenge over the removal of that development.
A High Court appeal loss would mean these works would need to be demolished regardless of the trees.
On the argument relating to the tree replanting, the developer says: “Whilst the appellant acknowledges they are under an obligation to plant trees as a replacement for those unlawfully cut down, they do not agree with the specific steps required by the [tree replacement] notice. The appellant will submit that just because a specific tree(s) was sited in a particular location within a woodland previously, does not necessarily mean this is the most suitable location of replanted trees going forward.”
It says if the appeals are lost the developer wants 12 to 18 months in which to both remove the infrastructure and replant trees.
Countrywide Park Homes was approached for comment but had not responded at the time of this article’s publication.
In late August, Claire Sherratt, the government inspector, published her conclusion on an appeal inquiry into a number of enforcement notices served on the developer by the borough council. WACAG also challenged the developer as part of that inquiry.
Ms Sherratt wrote: “Whilst I appreciate a desire to upgrade the site, it seems that little regard has been had to the importance of the site’s location and from where it can be viewed in the context of the World Heritage Site buffer zone. “The removal of trees, the resultant layout comprising engineered platforms retained by gabion walls and newly constructed Tarmac roads with formal kerb edgings which display urbanising characteristics, has paid little regard to the global importance of the WHS. I consider the changes that have occurred as a result of the operational development, impact negatively on the ability to appreciate the relict landscape which is an important attribute of the WHS buffer zone.
“The public benefits attributable to the operations are limited and in my judgement their weight would not outweigh the great weight to be given to the harm to the heritage assets.
“Whilst there are some benefits associated with the development, I find very little justification for the harm that flows from the operational development that has occurred.”
A spokesperson for WACAG said: “We are vehemently opposed to the development proposed for the site which is situated within the Alderwasley Conservation Area and the World Heritage Site Buffer Zone.
“We are devastated, however, by the recent news that the appellant has notified the High Court that they will be challenging this decision.
“Furthermore, we are angered by the site owners’ seemingly endless arrogance with regards to the 121 protected trees that were deliberately felled in order to allow the development to commence.
“The media has recently highlighted the potential threat to the world heritage status of the Derwent Valley Mills, indeed Unesco have already expressed concern about these. However, we do not believe that they are aware of this other, possibly more serious threat, from the development at Haytop.
“WACAG has fought tooth and nail to protect this stretch of the Lower Derwent, but we have limited resources and little or no influence.
“The WHS needs more than a few locals to protect it. We want all of these organisations and individuals to also fight tooth and nail...and it needs to be coordinated.
“Given the noises coming from Unesco regarding the status of the DVMWHS, this should be a wake-up call. We believe that the development at Haytop could spell the final nail in the coffin with respect to Unesco’s opinion on the matter. Inaction by our leaders will lead to loss of the WHS which if nothing else will undoubtedly impact on the economic prosperity of the area.”