Derbyshire taxpayers pay more than £91k to developers due to “unreasonable” decisions from councillors over rejecting planning

Derbyshire taxpayers have had to pay more than £91,000 to developers due to “unreasonable” decisions from councillors over rejecting planning applications.

In the past three years, five of Derbyshire’s eight district and borough councils have cost taxpayers a total of £91,547 by rejecting planning applications against the advice of their planning officials – without sufficient cause or evidence.  The figures from the Local Democracy Reporting Service however report that in Erewash, nothing was paid out by the borough council.

The costs relate to appeals made by developers to Government planning inspectors who have then overturned these rejected plans and awarded costs to be paid by the relevant councils due to their “unreasonable” lack of sufficient reasons to have rejected the scheme in the first place.

Costs are awarded when “unnecessary” expense is found to have been triggered for the developers in combating the rejected plans.

This information has now been revealed through Freedom of Information requests filed by the Local Democracy Reporting Service.

Here are the total costs paid out by councils to developers in the past three years: 

• Amber Valley Borough Council – £19,059
• Bolsover District Council – £0
• Chesterfield Borough Council – N/A
• Derby City Council – £0
• Derbyshire Dales District Council – £35,988.28
• Erewash Borough Council – £0
• High Peak Borough Council – £13,500
• North East Derbyshire District Council – £20,000
• South Derbyshire District Council – £3,000

In the last three years, Derbyshire Dales District Council has seen five applications rejected against officer recommendations which have then been overturned at appeal, with a sixth not decided in time and approved by an inspector.

These are:

• House extension in Trough Lane, Hulland Ward – no decision made and approved at appeal in August 2023
• 15 homes at Biggin View, Dog Lane, Hulland Ward – approved at appeal in November 2023
• A porch extension at Hackney Lane Farm in the Hackney area of Matlock – approved at appeal in July 2024
• 87 homes in at Leys Farm off Wyaston Road, Ashbourne – approved at appeal by an inspector following a public inquiry in September 2024 with £20,000 in costs awarded due to the late withdrawal of two reasons for refusal
• A two-storey home extension in Wyaston Road, Ashbourne – approved at appeal in January 2025
• Four homes at Ivy House Farm, Main Road, Wyaston – approved at appeal in March 2025

A spokesperson for Derbyshire Dales District Council said: “The district council has a priority to seek the best quality developments through its planning process.”

Cllr Steve Flitter, Liberal Democrat leader of the authority, told the LDRS: “I still advocate for our members to take these decisions. They are acting in the best interest of the community and that is what we have been elected to do, to stand up for the community.”

In the last three years, North East Derbyshire District Council has seen seven applications rejected against officer recommendations, which have then been overturned at appeal.

The authority has not specified which applications resulted in costs when rejected by councillors and overturned at appeal.

A spokesperson for North East Derbyshire District Council did not wish to comment.

In the last three years, Amber Valley Borough Council has seen three applications rejected against officer recommendations, which have then been overturned at appeal.

These are: 

• Plans for an expansion of the redevelopment of the former American Adventure theme park site into Shipley Country Park and Green Belt to accommodate a trench to cater for a potential dam burst upstream – approved by an inspector in May 2024
• Vehicle parking for HL Plastics at Denby Hall Business Park, with parking to be sited in the Green Belt – approved by an inspector in March 2025 and costs awarded
• Landscaped earth bunds, in the Green Belt – to block impact of new business units on Denby Hall Business Park – approved by an inspector in March 2025 and costs awarded

A borough council spokesperson did not wish to comment.

Cllr Chris Emmas-Williams, Labour council leader, told the LDRS: “Amber Valley has a huge amount of Green Belt and heritage sites and the council has always said we want to protect that.

“We don’t always get it right but it is not out of any sort of malice and it is all in good faith, try to try and make the right decisions. It is all in the best interest of the public.”

South Derbyshire District Council has seen the most applications rejected by councillors against the recommendations of their officers, only for them to be overturned by inspectors at appeal with 15 applications. This is more than double that of the next closest authority, North East Derbyshire, with seven applications.

However, this has only seen one application result in costs owed to the developers, with £3,000 owed to developers of a children’s home in Morley Walk, Church Gresley in January this year.

Chesterfield Borough Council acknowledged submission of the FOI but has not responded.