Homes set for go-ahead on contaminated former Derbyshire tip

David Ashley Construction is behind the 250-home plans for the Amber Valley Rugby Club site off the B600 in Somercotes.

Amber Valley Council planning officers are recommending the plans are approved at a meeting on Monday, November 7.

The plot to build houses on the former tip known as LS41, previously an open-cast coal mine, has been dragging on since 2014.

A report from council officers details the developer is only able to afford half of all of the money asked of it for improvements to schools, health services and roads, along with affordable housing – due to the cost of investigating and remediating the contaminated site.

Councils and health officials had asked for a total of £2.3 million in improvements to offset the impact of the scheme, but are due to receive £1.4m, with the money for health facilities improvements and affordable housing scrapped.

It also details the concerns of the Coal Authority over the potential instability of the ground beneath the site caused by its former mining activities.

Councillors had rejected the initial plans for 200 homes for the site in 2014, which were then also rejected at appeal, with the council dubbing the plot ‘unviable’ for building homes.

Plans for homes were promptly dropped and plans for large industrial units came forward, with the site for sale for £4.2m.

However, a 2020 High Court decision related to a neighbouring scheme, for 200 homes at Nether Farm off Birchwood Lane, has seen plans for homes in the area return in their droves, with 814 homes on the cards.

This meant schemes on contaminated sites could be approved with sufficient conditions to mandate investigations and remediation throughout the construction process, but after planning permission is granted.

Controversy has surrounded the plans for the rugby club site and at Nether Farm due to their historic uses as mines and dumps.

These former uses have rendered the area widely contaminated with a large range of substances which are harmful to human health – contamination which is leaking from the former tips into the surrounding land.

Developers, including the firm behind this batch of 250 houses, acknowledge and have identified the contamination on-site and the risks posed to future occupants.

They detail, and planning officials agree, however, that remediation can be carried out to make the rugby club site fit for occupation, subject to further investigations.

Residents, campaigners and the parish council disagree, saying a full and comprehensive investigation of the sites need to be carried out before any homes can be built, to fully understand the risks.

Only parts of the site have been investigated so far through water and soil samples, along with boreholes, which have identified harmful substances.

Details on the materials dumped into landfill sites LS01 and LS41 were patchy for many years and non-existent for many more due to historic lax licensing regulations around waste tips.

The council scientific officer writes: “While further investigations are required to confirm conditions across the site, based on the evidence to date it is unlikely further investigations will identify the need for extensive remediation that would impact on the viability of the development.

“No more information from the applicant could be reasonably expected at this stage. The further investigations required can be carried out under conditions attached to the planning permission.”

The officer details ‘there is some migration of volatile organic compounds – harmful natural substances – from the landfill to the north, LS01, but only low concentrations on the northern boundary of the site, and not within the development area’.

They wrote: “Further investigations are needed to confirm conditions across the site, but based on the results to date, it is highly unlikely there will be a contaminant linkage, whereby VOC represent a human health risk.”

The Environment Agency says it has ‘no immediate concerns given the relatively low levels of contaminants identified in both the soils and groundwater’.

However, it details ‘low-to-trace concentrations’ of a range of toxic substances have been found in the limited investigations carried out so far.

Council officers say: “Much consideration has already been given to the allegations of the deposition of radioactive waste or dioxin-contaminated waste. There is no evidence from investigations to support the allegations.”

Solicitors on behalf of Somercotes Parish Council write: “We do not consider Amber Valley Council fully understands the contamination issues of the site and its suitability for housing development such that it can grant outline consent.

Ground investigation firm GeoDelft, on behalf of the parish council, details there is evidence of an extension cell from the LS01 landfill – a site licensed for hazardous waste – stretching onto the rugby club site.

It also claims there is ‘evidence of the presence of dioxin-contaminated waste from the demolition of the explosion at the Chemstar Plant’ and ‘evidence of the presence of radioactive compounds within the waste mass at LS41’.

The firm claims there is evidence of gases and harmful substances ‘migrating’ from the hazardous LS01 landfill.

Coun John McCabe, council member for Somercotes, said: “There could be significant health problems from this site due to the contaminated land.”

A total of 11 residents have written objection letters to the council over the plans, along with two ‘neutral’ letters.

Their concerns involve the ‘coalescence of Somercotes and Pye Bridge’; the previous decision to refuse the plans by the council and appeal inspector; the impact of 250-plus cars and vehicles on surrounding roads and air quality; flood risk; danger to protected butterflies; and the plan to build on ‘known toxic land’.