Clowne Garden Village Action Group - Public Updates

30/04/2026

Court of Appeal filing....filed!
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Quick update to confirm the CoA filling was completed yesterday and we expect a decision roughly 8-10 weeks from now.

24/04/2026

Councils prematurity
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So there have been a number of enquiries by the media as to what is ACTUALLY happening - the latest being the BBC https://www.bbc.com/news/articles/ckg07yzldwjo

To quote directly from one reporter (earlier today) to me "As reporters, local authority press releases are deemed to be safe and accurate material....but we do recognise that there is often more to a situation and every source can be economic with the full truth".

This comes on the heels of the Councils own Chair of the Planning committee (Labour - Cllr John Ritchie) sending multiple parish councils a written update that amongst many ill-advised statements went on to say of our barrister that she is "...pro-bono Barrister who is learning the trade".

Incredibly poor and professionally offensive by the Councils Chair of Planning.

In defence of my own barrister (https://www.landmarkchambers.co.uk/barristers/odette-chalaby) I'll simply note she was awarded “Rising Star”by Legal 500, is an an elected trustee of the UK Environmental Law Association and an EYP Steering Group member of the National Infrastructure Planning Association.

As the Council (ergo Cllr Ritchie) will be fully aware, the case has been funded and paid for in full - so where Cllr Ritchie has got "pro-bono" from is clearly another Bolsover Council mystery (add to the list...) never to be answered. The reasons behind Cllr Ritchie's un-warranted attack on a leading female barrister; I can't get my head around why one would do it.

Clearly the Council are happy to band ill-advised written updates to parish councils and the local/national media.

So for full clarity this is the full quote given back to the media today by me:

“We thank the Court and Justice Mould for their time and accept that Grounds 2-4 have been fully considered on the facts. We welcome the many observations by the Justice Mould that the applicant and council have significant responsibilities and much work to do, to meet the threshold of Justice Moulds observations relating to future reserved matters applications.

That Justice Mould has articulated the responsibility on the council to ensure these details and safeguards come forward, or quite clearly reject any deficient application(s), goes directly to the heart of the matter; can we make this a better application if it must go ahead. In that respect, the council and applicant can be under no illusion that shortcuts are not a liberty available to either of them going forward.

In respect of Ground 1 and after talking with my solicitor Rowan Smith, of Leigh Day, we believe there are errors in the principle/approach on the law by the Justice Mould, and my barristers Charles Bishop, Odette Challaby of Landmark Chambers have agreed to take the matter forward with the Court of Appeal on my behalf.

SEND funding is a national crises that has no sustainable solution on the horizon from this, or previous Governments. £1.5m in funding, will help many families in the future so it is right that the fight to challenge its deferral by the council goes on, so that money is secured for those families that need it in the future.”

Despite a block on challenging the 1,800 house project, campaigners say new court action is planned.

23/04/2026

Court of Appeal Filing
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After discussion between the solicitors, the two barristers and then myself, I have agreed and instructed that we will proceed with an appeal for Ground 1 (SEND and Library funding).

Ultimately the SEND funding issue is a national crisis (as every Labour MP will tell you in their leaflets) and this is a topic worth going to the mat over. So we will.

Sorry to spoil the Councils celebration/victory lap posts....

22/04/2026

Unfortunately the renewal hearing today at the Leeds division of the High Court, the JR application was refused.

There is a lot to unpack from the Judges ruling (though clearly there are obvious implications for Derbyshire County Council accepting deferrals going forward), but I have given permission to Leigh Day (our solicitor's) to proceed with a Court of Appeal submission IF they believe we have valid grounds.

7 days max to submit to submit to the Court of Appeal.

We shall see where we land in the next few days....

05/03/2026

****CGV UPDATE****
The Planning Court at Leeds division of the High Court, is in the process of listing (for 2 hours) a renewal hearing sometime between 17 March and 1 May 2026.

Our application for permission was denied by the High Court and renewal hearing is our appeal where our barrister will argue, in open court, the reasons on why we believe the Judge that denied permission (based only on the paperwork, not oral arguments were made) was wrong.

On Ground 4a, we have asked that the Secretary of State be added as an “Interested Party”.

There have been a number of significant developments since the permission was denied, most notably the Water Park application on the land adjoining the CGV development is now with the Council as a planning application.

Once we have the final, listed hearing date, we will update on here so anyone who wishes to watch/attend the hearing can (its an open court hearing).

06/12/2025

Bolsover District Council "under deliver...detrimental effect on the lives of local people" - Derbyshire County Council officers
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Lets be clear this is daming. Derbyshire County Council are entirely calling into question how BDC decide planning applications.

With implications for BDC (as the defendant) in the CGV Judicial Review as to how BDC legally (or illegally) fail to provide infastructure through developer contributions (Grounds 1 of the JR), Derbyshire Councty Council have sent a heavily critical response to Labour run Bolsover District Council.

The Bolsover North consortium have an application before BDC on 10 December to reduce their S106 infastructure obligations from £7m to £1m.

DCC officers have submitted the attached response, highly critical of BDC and their process. This is unpresedented correspondence.

"Bolsover DC’s approach to consistently under deliver on developer contributions (often at odds with commitments in Bolsover DC’s Local Plan) has led to a shortfall for The Bolsover School of at least £5 million. The school has therefore not been able to expand its provision as needed..."

They go on....

"Derbyshire County Council are extremely disappointed in the mis-leading wording that has been included in the report. We have verbally explained the situation of external funding with Bolsover DC officers on 9th September 2025 (with Chris McKinney and Chris Whitmore) and presented this in writing to the Planning Committee on 1st October 2025 in relation to planning ref 22/00478/FUL. The statements are simply untrue.

For example, the High Needs Capital to which they refer is SEND funding for specialist school places and not available for mainstream expansion such as at The Bolsover School. The County Council therefore considers that this report is misleading Members and the public with erroneous information."

Planning Committee at 10am Wednesday 10 December.

The application can be viewed here https://publicaccess.bolsover.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=T4FO3SDD09P00

04/12/2025

Quick note to say we are still waiting on the Court but remain hopeful we will get a decision, on permission to proceed with the case, before Christmas.

31/10/2025

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Judicial Review: Application for Permission update
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Bolsover District Council have filed their "Summary Grounds of Resistance to Defendant".

Waystones have filed their "Interested Party's Summary Grounds for Resisting Claim".

Undoubtedly Waystones response is the stronger of the two, though they contradict the Councils response in places. There are though no "knock out blows" we are advised; so proceed with growing optimism.

As such and in response we have filed the "Claimants Response" with the Court.

The application for permission now goes before a judge to decide if it can proceed and we are hopeful for a decision before Christmas.

If you want a copy of the documents then we have been asked to advise that you should contact the Leeds Administrative Court, quoting case reference AC-2025-LDS-000218. The Court will be able to supply copies.

12/10/2025

Judicial Review: Statement of Facts & Grounds
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For reasons unknown the Council have failed to publish this on the planning portal.

Finally, despite an internal email on 2nd October to all councillors promising updates to them, the councils officers have not updated councillors as promised.

NB. For those that have asked the Water Park is under Ground 4a on page 26 (CB/45)

01/10/2025

Judicial Review Filed
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Today Bolsover District Council and Waystones have been notified that the development known as “Clowne Garden Village” is now subject to a claim for judicial review.

District Council leader Jane Yates said recently "….we have done everything we can to ensure that concerns raised have been addressed through the planning process”.

Once again we disagree with an irrelevant councillor from Shirebrook parroting statements that are nonsense.

As a councillor that recently campaigned on SEND funding being increased at County level, to lead a Council who's defence can be summarised as "if we don't contribute the government have to fund it and if they don't County Council can put it on their overdraft" is unacceptable. SEND is a collective responsibility that the planning system should contribute its fair share to.

Bolsover District Council are responsible for planning in the district.

If the District Council had fulfilled their legal responsibilities correctly then our villages heritage, archeology, wildlife, environment and our most vulnerable children in society, would not need protecting from the District Councils actions.

All further comments and updates will come from Leigh Day and Landmark Chambers that will, going forward represent Clowne, against a district Council that has for nearly 8 years gaslighted residents with excuses to help greedy developers.