Homes could be built on controversial former tip site
Planning officers are recommending the scheme is approved
A “grossly polluted” former Derbyshire tip is set to become the site of 250 homes after years of debate with officials claiming there is a “highly unlikely human health risk”.
David Ashley Construction is behind the 250-home plans for the Amber Valley Rugby Club site off the B600 in Somercotes.
Amber Valley Borough Council planning officers are recommending that the plans are approved at a meeting on Monday, November 7.
The plot to build houses on the former tip known as LS41, also previously an open-cast coal mine, has been dragging on since 2014.
A report from council officers details that 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 £1.4 million, with all 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 rugby club site in 2014, which were then also rejected at a planning appeal led by a Government inspector, 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 £4.2 million.
However, a landmark 2020 High Court decision related to a neighbouring Somercotes housing 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 that at Nether Farm due to their historic uses as coal mines and waste 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 current rugby club site fit for occupation by families – subject to further investigations.
Residents, campaigners and the parish council disagree with this claim, saying a full and comprehensive investigation of the sites around the landfills and the landfill sites themselves 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 borough council’s scientific officer writes: “Whilst further investigations are required to confirm conditions across the site, based on the evidence to date it is unlikely that 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 continues: “There are some areas of the site that have not been investigated and her (the council’s scientific officer) initial primary concern was the possibility – albeit remote – that further investigations could identify remediation requirements that would make the development unviable.”
The officer details that “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 that 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 that “low-to-trace concentrations” of a range of toxic substances, including Chromium VI – the carcinogenic chemical which is the focus of the 2000 film Erin Brockovich – and dioxins (the same family as Agent Orange), 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 acting on behalf of Somercotes Parish Council write: “We do not consider that AVBC yet 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, acting on behalf of the parish council, details that 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 in Derbyshire” and “evidence of the presence of radioactive compounds within the waste mass at LS41 (the rugby club landfill)”.
The firm claims there is evidence of gases and harmful substances “migrating” from the hazardous LS01 landfill.
Cllr John McCabe, a consistent critic of housing on and around the landfill sites, says: “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+ cars and vehicles on surrounding roads and air quality; flood risk; danger to protected butterflies; and the plan to build on “known toxic land”.
One objecting resident wrote: “The probability that this site is not grossly polluted is low.
“A question for the developer… you obviously feel that it is safe to build on the rugby club, so are you going to have the courage of your convictions and give a written guarantee that the building of any housing or otherwise will have no impact whatsoever on local people and their properties?
“If it does impact through contamination are you more than happy to pay compensation to all affected by this ridiculous application?
“Dismissing local knowledge in this way is offensive especially given that residents are still alive who witnessed these events (tipping of hazardous materials).”