Catesby Estates has successfully completed the sale of a residential development site in Allestree, Derbyshire to Miller Homes. 

Fisher German acted for the landowner in the sale of the site.

Amber Valley Borough Council resolved to grant consent for the Reserved Matters application for 400 new homes including 120 affordable homes, on the 48 acre site known as The Oaks, off Kedleston Road in October 2019.

David Morris, Planning Director at Catesby Estates said, “We have been working on delivering new homes for the area since 2014, which was delayed due to the ongoing legal challenge by the local action group Kedleston Voice, who had their claims rejected by both the Court of Appeal and the Supreme Court.”

“The housing crisis in the UK is well recognised, with the government looking to deliver more homes. Unfortunately, this site is a prime example of how difficult and lengthy the process of new home delivery can be, despite being located in a sustainable area where there is a recognised shortage of housing, particularly affordable homes.”

Myron Osborne, Land & Development Director at Catesby Estates said; “This is the second land site Miller Homes have taken from us in the last 18 months, they have recently opened their show home on the first site they purchased at our Myton Green site in Warwick.  They are one of the UK’s largest privately owned housebuilders with a reputation for delivering high quality new homes, and we are pleased to be working with them again and continuing our longstanding relationship.”

Ben Marshalsay, Head of Development at Fisher German, said: “We have acted for the landowner since 2013 as part of an ongoing estate review to highlight any land with development potential.

“Once this site was identified, Catesby Estates was appointed as promotions partner and has shown a great deal of tenacity over the past six years in delivering planning permission.

“We are very pleased to see the site sold to Miller Homes. They are a quality housebuilder and the development will deliver much-needed new homes to the area, a large quantity of which will be affordable housing.”


Planning Background

A planning application for 400 homes was submitted in 2014, which was subsequently refused by Amber Valley Borough Council in July 2015. 

Following an appeal by Catesby Estates, the proposals were subsequently granted planning permission by the Planning Inspector in August 2016, following a two week public inquiry.

A legal challenge against the decision by local action group Kedleston Voice found in favour of the group and overturned the Planning Inspectors decision, stating the Inspector had adopted an unlawfully narrow approach to the setting of heritage assets.

In July 2018, the Court of Appeal reinstated the planning permission.  The 3 Lord Justices did not agree with this conclusion in the High Court and allowed the appeal, confirming that the Planning Inspector’s “approach cannot be faulted, and his conclusions were well within the limits of lawful planning judgment.”

In March 2019 they were refused permission to have their case heard in the Supreme Court as the submission did not raise an arguable point of law.

Following this a Reserved Matters application was submitted in June 2019 and permission was granted by Amber Valley Borough Council in October 2019.

Find out more about the site here.