Developer which “wilfully destroyed” trees to make way for “exclusive” Derbyshire house to plant new ones

South Derbyshire District Council is set to approve new plans in relation to a large house built in Market Place, Melbourne.

In 2023, the council had approved a three-bed detached house on land to the rear of 21 Market Place, which borders the Lothian Gardens play area, Melbourne URC Church and a public footpath.

Work from Fontenay, registered in Loughborough, started in 2024 without permission and without keeping to the approved plans, including increasing the size and position of the house, and unlawfully cutting down 16 of 25 protected trees, with planning enforcement bringing works to a halt.

Council papers said an enforcement enquiry “remains ongoing”.

In June 2025, the district council rejected a new plan for the site, keeping the house in the spot it had already been largely built in, in the centre, as opposed to the approved eastern corner, increasing the home to a four-bed property.

The developer had asked to replant four additional trees.

An agent for the developer said at the time that trees had been felled following a meeting with the council tree officer who had identified some had the disease ash dieback.

Councillors had said the developer needed to be held accountable and urged the authority’s legal officer to consider if they felt it was right to pursue legal action.

They said the developer ought to replace the felled trees with semi-mature trees, not saplings or whips.

The application now before the council seeks to replant a total of 55 new trees, ranging from a 3.5 metres to 2.5 metres in height, and 150 hedge plants.

However, they want to keep the new placement of the house and its increased size.

A council report details: “Although it would take time for the trees to reach maturity, the trees would provide an immediate, positive impact on the character and appearance of the area.

“It is considered that the revised plans incorporate sufficient replacement planting to reinstate the previously wooded character of the site and the contribution that it had to the character and appearance of the locality, and overcome the previous reason for refusal.”

Further planting would also be carried out on a “habitat bank” in Nether Heage, 22 miles away in mid-Derbyshire.

Melbourne Parish Council has not objected but said its members are “disappointed” at the lack of explanation or apology regarding the developer sticking to the original plan.

Meanwhile, the district council’s conservation officer and tree officer, and Derbyshire Wildlife Trust also do not object, saying the plans provide appropriate mitigation.

Council planners, recommending approval, wrote: “The landscaping scheme includes heavy standard and feathered tree specimens to provide an immediate improvement to the current situation. Although the loss of the additional four trees and two tree groups is regrettable, it is considered that the landscaping scheme would offset this negative impact.”