Residents Delight as High Court Judge Quashes Inspector’s Decision
June 22, 2017
Kedleston Voice is delighted that the Hon. Ms Justice Lang has quashed the decision made by the Planning Inspectorate to grant planning permission for 400 houses on the heritage land adjacent to Kedleston Road, Allestree, Derby. Her decision to dismiss the granting of planning permission on the grounds that it is unlawful has come as a great relief for all those who have campaigned to protect the land and setting linked to Kedleston Hall. An opposite ruling would have meant that the fight had been lost and the planning permission would have been confirmed.
David Anderson, Chair of Kedleston Voice said that “Residents are delighted by this decision, which vindicates the time spent and monies raised to fight this unnecessary and speculative development on heritage land that is held in great affection by many. We were very concerned by the ruling that was made by the Planning Inspectorate, overruling the democratic decision to refuse planning permission made by Amber Valley Borough Council. Had this decision been allowed to stand, it would have led to the further desecration of heritage land throughout the country. We are very pleased that Historic England supported our case and that common sense has now started to prevail”.
Peter Steer, the claimant and member of Kedleston Voice said “This was the only sensible and lawful decision that the court could have made. It demonstrates that the power of a predatory developer cannot overrule the law of the land. That said, Kedleston Voice will now have to challenge any appeal made by the Secretary of State or a subsequent planning inquiry should the developer still continue with their application. It is crucial that the fight continues so that the future of this land as a heritage asset is maintained for the benefit of future generations.”
Kedleston Voice remains committed to protecting this important heritage land and will continue to fight against any further proposals to develop it. This is important as it is thought that the Secretary of State, who lost the review, is likely to lodge an appeal over this decision. If this is the case, another Judge will assess whether there are grounds for the Hon Ms. Lang’s decision to go to appeal. Dependent on the outcome, there are still a number of steps in this appeal route that could follow this until a final decision is made.
Kedleston Voice fully expect any appeal process decision to be made in favour of the residents. In this case, the decision may then revert to another public inquiry. Helpfully Kedleston Voice’s court costs will be reimbursed so there is already funding to continue this fight.