Major update on 500-homes for rapidly-expanding new Derbyshire suburb

A 500-home project planned for a rapidly-expanding new Derby suburb will no longer have fences and gates blocking motorists from driving through to a neighbouring estate.

Plans from Vistry Homes, based in Stafford, would see 526 homes built south of Mill Hill and stretching to Snelsmoor Lane in Boulton Moor.

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The planned development, which comes nearly a decade after outline permission was submitted in 2016, forms “Boulton Moor Phase 2” in the much wider development of the suburb, containing hundreds of homes, schools and services.

If approved, it would fill the gap between “Phase 1”, off Chellaston Lane to the east, and “Snelsmoor Grange” to the west, off Snelsmoor Lane and stretching up to Alvaston Moor.

South Derbyshire District Council is set to make a decision on Tuesday, May 27 with planning officials recommending approval.

This section of the overall Boulton Moor development includes a 420-space primary school, which has already been built and opened.

In 2021, the landowners applied to the district council – and received the legal go-ahead – to build a fence and gates on the two planned road connections between Boulton Moor Phase 2 and Snelsmoor Grange.

This would restrict road access only to specific approved people, with lockable timber gates to enforce this restriction.

A lengthy legal letter from Rollits was submitted by landowners JSC Farming Ltd and Central Land Holdings Limited, detailing: “The owners of Boulton Moor 2 could lawfully gate, fence or otherwise block access across its roads at their unfettered discretion.”

The firm claimed that a judgement in the Court of Appeal states that a council cannot require a developer to allocate land it owns as a public highway without compensation.

Rollits said it would be “unlawful” for the councils to force public road access rights through Boulton Moor 2 into Snelsmoor Grange.

It says: “There is an obligation to provide the physical links but not to grant public rights over those links.

“There are permitted development rights which attach to Boulton Moor 2 including the right to erect fences or gates at the boundary.

“It would be lawful to erect a fence just within Boulton Moor 2 at the boundary of the completed link roads with Snelsmoor Grange to prevent their use – if considered necessary.”

The council did not contest the issue and said it did not require planning permission.

Plans submitted by Vistry do not appear to show gates or fences across the two road links and there is no mention of them in the planning documents put forward to the council – or any mention of them or the permission for that restriction in the council report to be discussed next week.

A spokesperson from Vistry said: “Vistry has applied for detailed planning permission on the development at Boulton Moor and is working closely with the Local Planning Authority and the other developers in the area to produce a scheme which delivers a comprehensive bus route through both developments in accordance with the outline planning permission.

“The provision of the bus route would mean that the fencing between the two sites would be removed.  

“Vistry are looking forward to developing this site to provide much needed private and affordable homes for the surrounding area.”

The planned 526-home site would include 63 affordable homes, which would be a mix of one, two, three and four bed homes.

Overall, the development would include 16 one-bed houses, 156 two-bed houses (including two bungalows), 295 three-bed houses and 59 four-bed houses.

Road access to the site would stretch through the neighbouring “Phase 1” development to the east through Woodsford Drive and Lulworth Road, with a pedestrian link only onto Mill Hill to the north.

Meanwhile, links to Snelsmoor Grange by road would connect to Thresher Lane and an as yet unbuilt further route to the north-west corner.

A total of seven residents have submitted objection letters to the council opposing the plans, including how shops, services and amenities should be built before homes, more bungalows should be included and that construction would disturb existing neighbours.

Planning officials, recommending approval, wrote: “The site already benefits from outline planning permission; therefore, the principle and certain key parameters of the development are established. 

“The proposed layout includes good connectivity for both pedestrians and cyclists, so as to provide the best opportunity for those travelling within and outside the site to have a realistic choice to walk or cycle. 

“Impacts on the amenity of the occupiers of neighbouring properties is a point which weighs against the scheme, but this impact has been mitigated to the satisfaction of all statutory consultees to ensure that there would be no undue adverse impacts arising from the development. 

“Care has been taken to ensure that wildlife, trees and hedgerows are accommodated where possible within the scheme though the removal of an element would occur.”