Derbyshire council could have its power to decide major planning applications seized - after a series of costly failed appeal battles

Derbyshire Dales District Council currently stands on the very cusp of being eligible to have its ability to decide major planning applications withdrawn by the Secretary of State.

This potential withdrawal of powers hinges entirely on whether a planning appeal over rejected plans for 70 homes off Throstle Nest Way in Brailsford are overturned by a Government inspector.

If Labour MP Steve Reed, Secretary of State for housing, communities and local government, decides to “designate” the Dales council, it would mean developers would apply directly to Government – via the Planning Inspectorate – for planning permission for major applications.

Major planning applications for houses include any which contain 10 or more homes.

Councillors had rejected the 70-home Brailsford scheme, from Gladman Developments, in February, following opposition from 180 residents and the district’s Labour MP, John Whitby.

That scheme had initially been due for a decision on the day the Dales was given a significantly increased annual housing target by the Labour Government, from 216 to 518 homes – one of the largest in England.

An inspector is currently in the process of deciding that appeal, heard in October, with a decision due by the end of the year.

Should it be overturned – and approved – the district council will have seen more than 10 per cent (11.76 per cent) of its major planning applications approved at appeal.

However, should it be dismissed – rejected – the authority would remain at 9.8 per cent of its major planning applications approved at appeal, and on the cusp of breaching 10 per cent.

In the period April 2023 to December 2025, so far, the council has made decisions on 51 major planning applications, of which 13 have been rejected, with nine going to appeal and five being overturned and allowed by inspectors – with the 70-home Brailsford scheme pending.

Plans for 87 houses in Ashbourne, 75 houses in Brailsford, 27 houses in Matlock and 16 houses in Clifton, have all been rejected by the council in the past two years.

In August, an appeal over 423 homes on the Matlock Wolds was dismissed despite the fact the district council withdrew its defence at the 11th hour – a matter which is now subject to increased scrutiny over legal advice dubbed “garbage”.

A report from district council officers says the “designation” of the authority could see it miss out on up to £250,000 a year in planning application fees.

Meanwhile, there is said to be a real risk of significant staff morale issues and increased difficulties recruiting staff in a field in which it is “already extremely challenging due to a long-term acute nationwide shortage of planners”.

Planning appeals themselves have been costing the council thousands, with more than £190,000 spent on the successful but not defended Matlock Wolds appeal and £180,000 on the failed 87-home Ashbourne scheme at Wyaston Road, off the A52.