The WACAG team has submitted a 186 page dossier to the Planning Inspectorate. While we cannot publish the full document here we are making the Summary available so you will know what was presented.
Included in the dossier is a Legal Submission, prepared for us by Mr Paul Brown QC and we would like to thank once again all those whose donations made it possible to meet the costs of his contribution.
The Whatstandwell and Alderwasley Community Action Group (WACAG) have produced this dossier submission on behalf of the residents of the two communities of Whatstandwell and Alderwasley, in support of Amber Valley Borough Council on issuing two enforcement notices that require the owners of Haytop Country Park to:
(i) cease using the land for the stationing of caravans that are not designed and constructed for towing by car and remove them from the Land (enforcement notice E/2019/0001). and, (ii) reprofile the Land to restore it to its previous level and condition; remove all concrete bases, hardstandings, gabion retaining walls, service connections and lighting columns from the Land; remove the roadway (identified by a hatched area on the attached plan) from the Land; remove all raised wooden decking structures and brick skirtings from the Land (E/2019/0002).
This dossier submission also supports the LPA’s Notice of Refusal of Certificate of Proposed Lawful Use or Development (CLOPUD), dated 10 September 2019.
The appeals that this dossier submission relates to, are:
APP/M1005/C/19/3226961 (lead case), and APP/M1005/C/19/3226962 to APP/M1005/C/19/3226965, and APP/M1005/C/19/3232250 to APP/M1005/C/19/3232253 (linked cases), with respect to the LPA’s Enforcement Notice E/2019/0001 – breach of planning control/change of use
APP/M/1005/C/19/3226967 to APP/M/1005/C/19/32269671, and APP/M/1005/C/19/3232262 to APP/M/1005/C/19/3232265, with respect to the LPA’s Enforcement Notice E/2019/002 – operational development
APP/M1005/X/19/3241549 with respect to the CLOPUD appeal
The dossier presents information and evidence that WACAG considers the Planning Inspectorate should take into account when considering the above appeals.
The dossier is split into several sections numbered 1 to 6, with supporting information presented in Appendices I to VIII.
Section one of this dossier is a brief introduction as to why and how WACAG was formed.
Section two relates to errors/inaccuracies and statements in the appeal documents, which if left unremarked, could misdirect the reader, and/or lead to false conclusions.
Section three is WACAG’s submission regarding the CLOPUD appeal (APP/M1005/X/19/3241549). Much of the content of this section is applicable to the enforcement appeals, given that they are conjoined.
Section four, presents remarks and points for consideration on the Grounds for Appeal documents that relate to the two enforcement notices (E/2019/0001 and E/2019/0002).
Section five contains legal submissions prepared by Paul Brown Q.C. on behalf of WACAG, that are concerned in particular with Ground (c) of the two Enforcement Appeals, and the Lawful Development Certificate Appeal.
Finally, section six covers matters relating to the conduct of the principal appellant (Haytop Country
There are eight appendices, which contain many images to show how the site used to look and the impact of the current development (satellite and photographic/pre- and post-development/on-site and off-site effects of the current development/unlawful tree felling etc.). The appendices also include the findings from two recent tribunals relating to Haytop Country Park, summaries of ‘ex-Haytoppers’ accounts of how the site was used historically, news reports in the public domain, unlawful advertising of residential properties at Haytop Country Park, and the minutes of a House of Commons Hansard Debate conducted in 2009 regarding the owner/director of Countrywide Park Homes Ltd (which now owns Haytop Country Park).
The residents of Whatstandwell and Alderwasley, are vehemently opposed to the development of Haytop Country Park beyond that which it has historically always been; a caravan site facility for weekend and holiday use, it’s appearance having been managed with great respect for the scenic importance of the Derwent Valley within which it is located.
We are proud that the industrial heritage in this area has been rightly recognised and awarded World Heritage status. We therefore hope that, having taken into account the submission presented here on behalf of our two communities, the Planning Inspectorate will uphold both Enforcement Notices and dismiss the Lawful Development Certificate Appeal.
The date for the Public Inquiry is not yet known but is likely to be in September. We will provide more details as soon as they are available.