High Court blocks garden village development judicial review for second time

Bolsover District Council granted outline planning permission for the development in August 2025, paving the way for the scheme to be built in the existing village of Clowne.

However, residents who opposed the development later created the Clowne Garden Village Action Group and launched a judicial review challenge on four grounds.

Filing the claim in October, the group claimed the council breached the Public Sector Equality Duty in deferring a payment of SEND and libraries contributions which the council had previously accepted would be necessary to mitigate against the adverse impact of the development.

It also claimed the council failed to take into account mandatory material considerations and breached its duty of enquiry regarding impacts on built heritage and archaeology.

In addition, the application contended that the council breached its obligations under the Conservation of Habitats and Species Regulations 2017, and that it failed to require an assessment of likely significant cumulative impacts or climate impacts as part of the Environmental Statement.

The group's application was first refused in March, leading it to pursue a second application via a renewal hearing, which took place on Wednesday (22 April).
Commenting on the decision, a spokesperson for the group said "there is a lot to unpack from the Judge’s ruling".

The group said it had given permission for its legal team at Leigh Day Solicitors to proceed to the Court of Appeal in the event that they have grounds to pursue.

Adam Carey