Supreme Court Ruling

Kedleston Voice is saddened to inform local residents that our request to have the case for building houses on the land adjacent to Kedleston Road reviewed by the Supreme Court has been turned down. Initial reaction to this news has been surprise and disappointment.

Kedleston Voice will now explore whether there are any further steps that can be taken to prevent this unwelcome development. Depending on the outcome of this review, attention will now turn to working to mitigate the worst impacts of the proposed development. With residents now looking forward to a period of noise and disruption, further congestion and greater competition for community facilities, Kedleston Voice will do everything in its power to ensure that the developers are held to account regarding the safeguarding of the local community.

David Anderson, Chair of Kedleston Voice said “Residents are very surprised by this decision. There was a strong belief that the ruling from the Court of Appeal needed urgent review. This centred on the judgement of Lang at the High Court being in direct contrast with that of Lindblom in the Court of Appeal. Legal opinion suggested that Lindblom’s judgement had errors within it and that this was not helped by him reviewing, in effect, his own decision at a previous court of appeal ruling, which was the basis of the appeal by the developer. Sadly, these arguments were not upheld by the Supreme Court when making their decision not to grant a hearing”.

Peter Steer, the Kedleston Voice member who led the fight through the courts said “A number of people have accused us of being NIMBY’s but this shows a lack of appreciation for what has been at stake here. Yes we wanted to protect this local heritage setting - after all, until the changes in planning rules earlier this decade, it had been protected specifically by Amber Valley Borough Council. However, this work was also of national importance. The inspector’s ruling, supported by Lindblom, said that if you can’t see it you can build on it. This approach has major ramifications for the future protection of heritage sites across the country. Despite their early support through the courts, there is no doubt that Historic England’s decision to withdraw from the Supreme Court’s application damaged our chances greatly. We remain bemused by their decision to do this”

Resident Isobel Shorrock said “Allestree and Quarndon residents are very disappointed that, after five years of fighting, it now appears that cherished heritage land will be lost to the community for the sake of corporate greed. The campaign was heavily supported by many residents who simply felt it was inappropriate. Residents are not against housing per se, just not on a heritage setting. Despite what the developer says, this development will not address the housing crisis in Derby. It will be interesting to see whether affordable housing for the young people of Derby will actually be built on this land. The current developer has just taken advantage of the lax planning regime, as well as the ineptitude of Amber Valley Borough Council, to exploit this important green field site for their own gain. The final development will change the whole feel of the local community for the worse.”

Kedleston Voice would like to thank the residents of Allestree and Quarndon for their on-going support and for raising the substantial funding needed to fight this lengthy case through the court system.

We also want to thank the many supporters from around the country who recognised the national significance of this campaign.

We hope that your faith in the institutions of this country are not too damaged by this outcome, although we would not be surprised if it was, given that the decision of the Supreme Court is hard to fathom. Kedleston Voice will be looking to arrange further meetings shortly to discuss with residents how we can work together to mitigate the worst of the excesses that are to come.

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