Damstead Park Alfreton

This petition is to request that planning enforcement action be taken against Avant Homes for the Company’s failure to (1) construct the approved access to the development (2) complete the Section 38 Adoption Works to the roads and footways within the estate and (3) carry out the approved landscaping scheme and other ecological initiatives.

In detail :

1. Mini-roundabout and traffic light works.
 Condition 3 of the Outline Planning Permission (AVA/2013/0181) gave approval to Drwg No. F12107/05 Rev J which showed the construction of a mini-roundabout and other works at the entrance to the site off Eachwell Lane and to the Derby Road traffic lights.  The accompanying Section 106 Agreement also confirmed that these works were to be carried out.

Condition 9 of the Reserved Matters Planning Permission (AVA/2014/1036) required that the highway works were to be carried out before the ‘development was brought into use’ i.e. before any dwelling was occupied.  The first dwellings were occupied in December 2015 and the last in the Autumn of 2020.

In December 2020, the Company was refused planning permission (AVA/2020/0821) for a T-junction design instead of a mini-roundabout and Amber Valley BC has also refused to amend the Section 106 for the development with reference to the construction of the mini-roundabout.

The time for an appeal against the refusal of planning permission has now long expired but the highway works have still not been carried out leaving residents,as pedestrians and motorists, to deal with an unsafe and dangerous T-junction to gain access into and out of the site.

2​. Section 38 Adoption Works

It is accepted that the approval of such works is the responsibility of Derbyshire County Council as Highway Authority but Condition 13 of the Reserved Matters planning permission requires that highways within the site are, in the first instance, provided to ‘base course level’ but :

“Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months from the occupation of such dwelling, unless otherwise agreed in writing by the Local Planning Authority.”

An inspection of the site will clearly establish that this is not the case and for the majority of the site the final surface course has not been provided and there are upstands to gullies, (missing) covers, kerbs and other such obstructions within or abutting the footway and, in addition, the carriageways themselves.

Residents have been in regular contact with both Avant Homes and DCC Highways about the dangerous state of the estate roads but have had no success is getting a positive response.

3. Landscaping

 Conditions 5, 6 and 7 of the Reserved Matters permission concerned the submission of a Landscape and Ecological Management Plan, proposals for the protection of existing trees and the submission and implementation of a landscaping scheme for the whole site.

Subsequently, a Landscape and Ecological Management Plan and a series of 12 plans at 1:200 scale dated April 2015, prepared by ECUS Environmental Consultants, – nos. L5278_02_B to L5278_13_B – were submitted to and approved by the Borough Council.

It is quite evident that the Company has paid little attention to the initiatives in the Landscape and Ecological Management Plan and only undertaken tree and shrub planting in accordance with the approved landscaping scheme within or immediately adjacent to the house plots which have been sold.

On the other hand the entrance to the site is far from satisfactory and should feature extensive planting in the area up to the fence on the pumping station boundary.  The planting should include numerous standard trees, shrub and woodland mix and groundcover.  All that exists now is rough grass and weeds.

Similarly the SUDS and POS areas should feature a meadow, wildflower and aquatic mix with Salix coir plant palettes adjacent to the watercourse.  24 bird and bat boxes were also to be provided.  Again, the SUDS and POS areas currently feature rough grass, docks, nettles, thistles, rose bay willow herb, reeds and rushes befitting a brownfield site not the ecologically rich habitat that was envisaged.

Again, residents have been in regular contact with Avant Homes about when the approved landscaping scheme is to be carried out but have had no success is getting a positive response.

What is particularly galling is that a property management company is now demanding payments for the maintenance of the landscaping at the site when we all well know it is not as was originally sold to us.

In the light of these points I/we ask that you institute planning enforcement action against Avant Homes to require compliance with the various conditions of the planning permissions and Section 106 Agreement for the development.

The residents of Damstead Park look forward to your confirmation of the next steps in requiring the Company to live up to and accept its responsibilities as a result of this petition.