NEDDC Local Plan Issues and Options Consultation on the Strategic Approach to the Location of Development and Refined Sites (March 2026)

Strategic Approach to Location of Development
and Refined Sites, Site ID 45919. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech on behalf of Miller Homes in relation to land west of High Street, Clay Cross, which was submitted through the Council’s Call for Sites and assigned Site ID 45919. The document responds to the Council’s further Regulation 18 “Issues and Options” consultation for the emerging North East Derbyshire Local Plan.
It sets out land ownership, confirms the site’s inclusion in the Housing Land Availability Assessment (LAA), and explains that additional technical work is ongoing and will be submitted in response to the Council’s request for further information. Miller Homes argues that the site is capable of contributing to housing supply, that it is being actively promoted for delivery, and that the submission should be read alongside the Council’s consultation and evidence base documents.

2.0 Background and the Site
Context
This subsection outlines the plan-making context. North East Derbyshire District Council has revised its Local Development Scheme and is progressing an updated Local Plan under transitional regulations, with submission targeted by the end of 2026. The current consultation represents a refined second stage of Regulation 18, intended to test the Council’s strategic approach to development and a shortlist of sites that have passed initial technical screening.
The section notes ongoing national policy change, including the draft updated NPPF, and highlights the need for streamlined, proportionate plan-making during a period of regulatory transition.
The Site
This subsection describes the site itself and its baseline conditions. The land west of High Street, Clay Cross comprises approximately four hectares of agricultural and rough grassland on the western edge of the settlement. While largely undesignated countryside land, it is directly adjacent to the town, contains a bus stop on its eastern boundary, and is crossed by a public right of way. Parts of the western edge lie within Flood Zones 2 and 3, and there is a potential historic landfill area requiring further investigation.
Initial technical work indicates no protected species on-site and that most of the land is agricultural in character. Miller Homes argues that there are no insurmountable constraints, that further technical work is underway, and that the site represents a logical, sustainable urban extension suitable for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting housing needs across the district. While the Council is not explicitly consulting on housing numbers at this stage, Tetra Tech supports the principle of planning positively for growth and meeting at least the standard method housing requirement of 605 dwellings per year.
The section argues that housing need should exceed the minimum standard method figure, citing strong recent delivery rates in North East Derbyshire, persistent affordability issues, and significant unmet affordable housing need. It also highlights the wider Housing Market Area context, suggesting North East Derbyshire is well placed to help meet unmet needs from neighbouring authorities such as Chesterfield.
Overall, the section concludes that the emerging Local Plan should plan for housing delivery above the minimum requirement, and that this issue should be resolved before the Regulation 19 stage.

4.0 Spatial Strategy
This section considers how development should be distributed spatially, focusing on settlement hierarchy, sustainability, and strategic growth corridors.
Tetra Tech strongly supports the Council’s updated settlement hierarchy methodology, including its evidence-led and GIS-based approach, weighting of services, and focus on accessibility. The section highlights that Clay Cross is identified as a Level 1 Main Town with the highest sustainability scores, justifying its role as a Priority 1 location for growth.
It argues that Clay Cross is well suited for further housing due to its service base, employment opportunities, strong transport links (particularly along the A61 corridor), and lack of Green Belt designation. The site west of High Street is presented as a sustainable, non-Green Belt option that should be prioritised before any consideration of Green Belt release elsewhere.
The section also links the proposed growth to wider regional strategies, including the East Midlands Combined Authority’s Vision for Growth, and suggests minor refinements to ensure the settlement hierarchy evidence is consistently reflected in site allocation decisions.

5.0 Housing Land Availability Assessment
This section reviews both the suitability of the site and the Council’s LAA methodology.
Tetra Tech agrees with the Council’s conclusion that the site has an overall “amber” suitability rating, meaning it has potential for housing subject to mitigation of identified constraints. The section summarises those constraints, including landscape, access, flood risk areas, and heritage considerations, and argues they are all manageable through appropriate design, further assessment, and masterplanning.
The methodology used in the LAA is broadly supported, particularly the treatment of flood risk and landscape sensitivity as factors to be mitigated rather than absolute constraints. The section concludes that the site remains suitable for residential development and that forthcoming technical evidence will further support its allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section provides a detailed critique of the Sustainability Appraisal (SA) and Habitats Regulations Assessment (HRA) as they apply to the site.
Tetra Tech supports the overall SA and HRA processes but argues that the site’s individual scoring has been overly pessimistic and inconsistent with the Council’s own methodologies. The section systematically reviews multiple SA objectives, including biodiversity, landscape, heritage, water, natural resources, climate change adaptation, sustainable communities, and transport.
For most objectives, Tetra Tech contends that effects should be scored as neutral or minor positive rather than minor or major negative, particularly given the site’s proximity to services, public transport, and town centre facilities, and the limited extent of environmental and flood constraints. Adjusted scores are proposed to demonstrate that the site performs favourably overall when assessed correctly.
The HRA elements are largely supported, particularly the exclusion of urbanisation impacts and the recognition that concentrating growth in sustainable locations like Clay Cross helps minimise traffic-related impacts on European sites.

7.0 Conclusion
The conclusion brings together the main arguments of the representations. It states that the site west of High Street, Clay Cross is capable of delivering housing in a sustainable, accessible location and can help meet both current and future housing needs.
The section reiterates support for the Council’s settlement hierarchy and spatial strategy, with Clay Cross identified as a logical focus for growth. It confirms broad agreement with the LAA methodology and concludes that the site’s “amber” rating is appropriate pending further technical work.
Finally, it asserts that several Sustainability Appraisal scores should be revised, as the site performs more positively than currently recorded. Tetra Tech calls for these issues to be addressed before the Regulation 19 stage to ensure that the site is fairly and consistently assessed within the emerging Local Plan.

Further report emailed also on 30/04:
Strategic Approach to Location of Development
and Refined Sites, Site ID 45920 + 45951. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech Consulting Ltd on behalf of Miller Homes in relation to land north of the former Biwater site in Clay Cross. The land is owned by St Modwen Homes Limited, with Miller Homes as the beneficial owner. The representations relate primarily to Site ID 45920, and request that an incorrect alternative site boundary (Site ID 45951) be removed from the Land Availability Assessment.
The section notes that the Council is at an early stage in preparing its new Local Plan and has published a further Regulation 18 Issues and Options consultation alongside supporting evidence. The site is identified as a “refined site” in the draft Plan, which is welcomed. The document states that development options are being progressed, further technical work is underway in response to the Council’s request for additional information, and that updated evidence may be submitted. It concludes that the site can contribute to housing needs and that Miller Homes is committed to delivering development in line with national and local planning policy.

2.0 Background and the Site
Context
This subsection outlines the plan-making context, noting the Council’s decision in February 2026 to update the Local Development Scheme and introduce an additional Regulation 18 consultation stage. The current consultation seeks views on the proposed strategic approach to development and a refined list of sites that have passed initial technical screening.
It notes that Miller Homes previously responded to the 2025 Issues and Options consultation and that this stage represents a second phase of Regulation 18 engagement before Regulation 19 publication. Reference is also made to the draft revised National Planning Policy Framework published in December 2025 and its emphasis on streamlined, proportionate plan-making.
The Site
This subsection describes the site’s location and characteristics. The site extends to approximately 19.8 hectares on the northern side of Clay Cross and comprises agricultural land and woodland. It is designated as a Local Settlement Gap in the adopted Local Plan, contains a public right of way, and is bordered by formal sports pitches to the north and south. The site is not within Flood Zones 2 or 3, though some surface water flow paths exist along boundaries.
The site lies north of the Egstow Park (former Biwater) development and between Clay Cross and Old Tupton. It is within a coal mining reporting area. The Church of St Lawrence, a Grade I listed building, lies approximately 500 metres away. The section confirms that technical work and an indicative masterplan are in progress and concludes that there are no insurmountable constraints that would prevent the site being considered for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting development needs. It notes that although housing numbers are not currently being consulted on, the Council recognises the need to plan positively to meet objectively assessed needs in line with the NPPF.
The section confirms that the consultation is based on the standard method housing requirement of 12,100 homes over the plan period. It argues that several factors suggest housing need should be higher than this minimum, including recent delivery rates that exceed the standard method, evidence of affordability issues, and findings from the Housing Needs Assessment that highlight difficulties for non‑owners accessing the housing market.
The section also considers unmet need across the wider housing market area and notes that adopted plan requirements are lower than current standard method figures. It concludes that the issue of housing requirement should be addressed clearly before the Regulation 19 stage.

4.0 Spatial Strategy
This section addresses the overall distribution of development and the settlement hierarchy. It supports the updated Settlement Role and Function Study and Settlement Hierarchy, describing the methodology as evidence‑led and based on population, services, employment, and public transport accessibility.
The section identifies Clay Cross as a Level 1 Main Town and Priority 1 Location. It explains Clay Cross’s functional relationship with Chesterfield and Sheffield, its role within the A61 corridor, and the concentration of services and employment within the settlement. It states that housing should be directed to locations where infrastructure and services are most concentrated.
The section also discusses Green Belt and other constraints, noting that neither Clay Cross nor the site is within the Green Belt. It states that the site has been identified through assessment as a logical urban extension with manageable constraints, and refers to regional growth strategies including the East Midlands Combined County Authority’s Vision for Growth. Suggestions are made to ensure the settlement hierarchy evidence is clearly reflected in policy and site selection.

5.0 Housing Land Availability Assessment
This section considers the Housing Land Availability Assessment and the site’s suitability. It describes the site’s size, location, and relationship to surrounding land uses, including its designation as a Local Settlement Gap and its proximity to Egstow Park.
The section highlights an apparent discrepancy between an “amber” suitability rating set out in a Planning Policy Officer email and a “red” rating shown in the published LAA. The officer correspondence is summarised, identifying constraints relating to landscape impact, settlement coalescence, archaeology, ecology, access, surface water flooding, and coal mining risk.
The section states that further technical work is underway to address these matters and contends that the identified constraints are capable of mitigation. It notes the site is outside the Green Belt and states that further evidence will be submitted to support allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section responds to the Sustainability Appraisal and Habitats Regulations Assessment for the site. It supports the role of the SA in assessing alternative sites and welcomes the site’s inclusion as a refined site.
The section reviews the site-specific SA scoring and identifies what it describes as inconsistencies between the scores and the stated methodology. It raises concerns over assumptions about site capacity and requests that these be revisited.
Detailed commentary is provided on several SA objectives, including biodiversity, landscape, cultural heritage, natural resources, climate change adaptation, and transport. For each, the section explains why alternative scores are considered more appropriate based on distance from designated assets, site conditions, and the methodology used. A revised summary of SA scores is presented.
The section also responds to the HRA, supporting the focus on air quality impacts and the exclusion of urbanisation effects where precautionary buffers are not triggered.

7.0 Conclusion
The conclusion summarises that the representations demonstrate the site’s potential to contribute to housing needs in North East Derbyshire. It reiterates support for a higher housing requirement than the standard method minimum and for Clay Cross’s role as a sustainable location for growth.
The section confirms support for the settlement hierarchy and the site’s identification as having potential subject to further work. It concludes that the site has been assessed too negatively in parts of the Sustainability Appraisal and that scores should be revised to reflect the methodology and evidence before the Regulation 19 stage.

Strategic Approach to Location of Development
and Refined Sites, Site ID 45919. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech on behalf of Miller Homes in relation to land west of High Street, Clay Cross, which was submitted through the Council’s Call for Sites and assigned Site ID 45919. The document responds to the Council’s further Regulation 18 “Issues and Options” consultation for the emerging North East Derbyshire Local Plan.
It sets out land ownership, confirms the site’s inclusion in the Housing Land Availability Assessment (LAA), and explains that additional technical work is ongoing and will be submitted in response to the Council’s request for further information. Miller Homes argues that the site is capable of contributing to housing supply, that it is being actively promoted for delivery, and that the submission should be read alongside the Council’s consultation and evidence base documents.

2.0 Background and the Site
Context
This subsection outlines the plan-making context. North East Derbyshire District Council has revised its Local Development Scheme and is progressing an updated Local Plan under transitional regulations, with submission targeted by the end of 2026. The current consultation represents a refined second stage of Regulation 18, intended to test the Council’s strategic approach to development and a shortlist of sites that have passed initial technical screening.
The section notes ongoing national policy change, including the draft updated NPPF, and highlights the need for streamlined, proportionate plan-making during a period of regulatory transition.
The Site
This subsection describes the site itself and its baseline conditions. The land west of High Street, Clay Cross comprises approximately four hectares of agricultural and rough grassland on the western edge of the settlement. While largely undesignated countryside land, it is directly adjacent to the town, contains a bus stop on its eastern boundary, and is crossed by a public right of way. Parts of the western edge lie within Flood Zones 2 and 3, and there is a potential historic landfill area requiring further investigation.
Initial technical work indicates no protected species on-site and that most of the land is agricultural in character. Miller Homes argues that there are no insurmountable constraints, that further technical work is underway, and that the site represents a logical, sustainable urban extension suitable for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting housing needs across the district. While the Council is not explicitly consulting on housing numbers at this stage, Tetra Tech supports the principle of planning positively for growth and meeting at least the standard method housing requirement of 605 dwellings per year.
The section argues that housing need should exceed the minimum standard method figure, citing strong recent delivery rates in North East Derbyshire, persistent affordability issues, and significant unmet affordable housing need. It also highlights the wider Housing Market Area context, suggesting North East Derbyshire is well placed to help meet unmet needs from neighbouring authorities such as Chesterfield.
Overall, the section concludes that the emerging Local Plan should plan for housing delivery above the minimum requirement, and that this issue should be resolved before the Regulation 19 stage.

4.0 Spatial Strategy
This section considers how development should be distributed spatially, focusing on settlement hierarchy, sustainability, and strategic growth corridors.
Tetra Tech strongly supports the Council’s updated settlement hierarchy methodology, including its evidence-led and GIS-based approach, weighting of services, and focus on accessibility. The section highlights that Clay Cross is identified as a Level 1 Main Town with the highest sustainability scores, justifying its role as a Priority 1 location for growth.
It argues that Clay Cross is well suited for further housing due to its service base, employment opportunities, strong transport links (particularly along the A61 corridor), and lack of Green Belt designation. The site west of High Street is presented as a sustainable, non-Green Belt option that should be prioritised before any consideration of Green Belt release elsewhere.
The section also links the proposed growth to wider regional strategies, including the East Midlands Combined Authority’s Vision for Growth, and suggests minor refinements to ensure the settlement hierarchy evidence is consistently reflected in site allocation decisions.

5.0 Housing Land Availability Assessment
This section reviews both the suitability of the site and the Council’s LAA methodology.
Tetra Tech agrees with the Council’s conclusion that the site has an overall “amber” suitability rating, meaning it has potential for housing subject to mitigation of identified constraints. The section summarises those constraints, including landscape, access, flood risk areas, and heritage considerations, and argues they are all manageable through appropriate design, further assessment, and masterplanning.
The methodology used in the LAA is broadly supported, particularly the treatment of flood risk and landscape sensitivity as factors to be mitigated rather than absolute constraints. The section concludes that the site remains suitable for residential development and that forthcoming technical evidence will further support its allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section provides a detailed critique of the Sustainability Appraisal (SA) and Habitats Regulations Assessment (HRA) as they apply to the site.
Tetra Tech supports the overall SA and HRA processes but argues that the site’s individual scoring has been overly pessimistic and inconsistent with the Council’s own methodologies. The section systematically reviews multiple SA objectives, including biodiversity, landscape, heritage, water, natural resources, climate change adaptation, sustainable communities, and transport.
For most objectives, Tetra Tech contends that effects should be scored as neutral or minor positive rather than minor or major negative, particularly given the site’s proximity to services, public transport, and town centre facilities, and the limited extent of environmental and flood constraints. Adjusted scores are proposed to demonstrate that the site performs favourably overall when assessed correctly.
The HRA elements are largely supported, particularly the exclusion of urbanisation impacts and the recognition that concentrating growth in sustainable locations like Clay Cross helps minimise traffic-related impacts on European sites.

7.0 Conclusion
The conclusion brings together the main arguments of the representations. It states that the site west of High Street, Clay Cross is capable of delivering housing in a sustainable, accessible location and can help meet both current and future housing needs.
The section reiterates support for the Council’s settlement hierarchy and spatial strategy, with Clay Cross identified as a logical focus for growth. It confirms broad agreement with the LAA methodology and concludes that the site’s “amber” rating is appropriate pending further technical work.
Finally, it asserts that several Sustainability Appraisal scores should be revised, as the site performs more positively than currently recorded. Tetra Tech calls for these issues to be addressed before the Regulation 19 stage to ensure that the site is fairly and consistently assessed within the emerging Local Plan.

Further report emailed also on 30/04:
Strategic Approach to Location of Development
and Refined Sites, Site ID 45920 + 45951. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech Consulting Ltd on behalf of Miller Homes in relation to land north of the former Biwater site in Clay Cross. The land is owned by St Modwen Homes Limited, with Miller Homes as the beneficial owner. The representations relate primarily to Site ID 45920, and request that an incorrect alternative site boundary (Site ID 45951) be removed from the Land Availability Assessment.
The section notes that the Council is at an early stage in preparing its new Local Plan and has published a further Regulation 18 Issues and Options consultation alongside supporting evidence. The site is identified as a “refined site” in the draft Plan, which is welcomed. The document states that development options are being progressed, further technical work is underway in response to the Council’s request for additional information, and that updated evidence may be submitted. It concludes that the site can contribute to housing needs and that Miller Homes is committed to delivering development in line with national and local planning policy.

2.0 Background and the Site
Context
This subsection outlines the plan-making context, noting the Council’s decision in February 2026 to update the Local Development Scheme and introduce an additional Regulation 18 consultation stage. The current consultation seeks views on the proposed strategic approach to development and a refined list of sites that have passed initial technical screening.
It notes that Miller Homes previously responded to the 2025 Issues and Options consultation and that this stage represents a second phase of Regulation 18 engagement before Regulation 19 publication. Reference is also made to the draft revised National Planning Policy Framework published in December 2025 and its emphasis on streamlined, proportionate plan-making.
The Site
This subsection describes the site’s location and characteristics. The site extends to approximately 19.8 hectares on the northern side of Clay Cross and comprises agricultural land and woodland. It is designated as a Local Settlement Gap in the adopted Local Plan, contains a public right of way, and is bordered by formal sports pitches to the north and south. The site is not within Flood Zones 2 or 3, though some surface water flow paths exist along boundaries.
The site lies north of the Egstow Park (former Biwater) development and between Clay Cross and Old Tupton. It is within a coal mining reporting area. The Church of St Lawrence, a Grade I listed building, lies approximately 500 metres away. The section confirms that technical work and an indicative masterplan are in progress and concludes that there are no insurmountable constraints that would prevent the site being considered for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting development needs. It notes that although housing numbers are not currently being consulted on, the Council recognises the need to plan positively to meet objectively assessed needs in line with the NPPF.
The section confirms that the consultation is based on the standard method housing requirement of 12,100 homes over the plan period. It argues that several factors suggest housing need should be higher than this minimum, including recent delivery rates that exceed the standard method, evidence of affordability issues, and findings from the Housing Needs Assessment that highlight difficulties for non‑owners accessing the housing market.
The section also considers unmet need across the wider housing market area and notes that adopted plan requirements are lower than current standard method figures. It concludes that the issue of housing requirement should be addressed clearly before the Regulation 19 stage.

4.0 Spatial Strategy
This section addresses the overall distribution of development and the settlement hierarchy. It supports the updated Settlement Role and Function Study and Settlement Hierarchy, describing the methodology as evidence‑led and based on population, services, employment, and public transport accessibility.
The section identifies Clay Cross as a Level 1 Main Town and Priority 1 Location. It explains Clay Cross’s functional relationship with Chesterfield and Sheffield, its role within the A61 corridor, and the concentration of services and employment within the settlement. It states that housing should be directed to locations where infrastructure and services are most concentrated.
The section also discusses Green Belt and other constraints, noting that neither Clay Cross nor the site is within the Green Belt. It states that the site has been identified through assessment as a logical urban extension with manageable constraints, and refers to regional growth strategies including the East Midlands Combined County Authority’s Vision for Growth. Suggestions are made to ensure the settlement hierarchy evidence is clearly reflected in policy and site selection.

5.0 Housing Land Availability Assessment
This section considers the Housing Land Availability Assessment and the site’s suitability. It describes the site’s size, location, and relationship to surrounding land uses, including its designation as a Local Settlement Gap and its proximity to Egstow Park.
The section highlights an apparent discrepancy between an “amber” suitability rating set out in a Planning Policy Officer email and a “red” rating shown in the published LAA. The officer correspondence is summarised, identifying constraints relating to landscape impact, settlement coalescence, archaeology, ecology, access, surface water flooding, and coal mining risk.
The section states that further technical work is underway to address these matters and contends that the identified constraints are capable of mitigation. It notes the site is outside the Green Belt and states that further evidence will be submitted to support allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section responds to the Sustainability Appraisal and Habitats Regulations Assessment for the site. It supports the role of the SA in assessing alternative sites and welcomes the site’s inclusion as a refined site.
The section reviews the site-specific SA scoring and identifies what it describes as inconsistencies between the scores and the stated methodology. It raises concerns over assumptions about site capacity and requests that these be revisited.
Detailed commentary is provided on several SA objectives, including biodiversity, landscape, cultural heritage, natural resources, climate change adaptation, and transport. For each, the section explains why alternative scores are considered more appropriate based on distance from designated assets, site conditions, and the methodology used. A revised summary of SA scores is presented.
The section also responds to the HRA, supporting the focus on air quality impacts and the exclusion of urbanisation effects where precautionary buffers are not triggered.

7.0 Conclusion
The conclusion summarises that the representations demonstrate the site’s potential to contribute to housing needs in North East Derbyshire. It reiterates support for a higher housing requirement than the standard method minimum and for Clay Cross’s role as a sustainable location for growth.
The section confirms support for the settlement hierarchy and the site’s identification as having potential subject to further work. It concludes that the site has been assessed too negatively in parts of the Sustainability Appraisal and that scores should be revised to reflect the methodology and evidence before the Regulation 19 stage.

Strategic Approach to Location of Development
and Refined Sites, Site ID 45919. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech on behalf of Miller Homes in relation to land west of High Street, Clay Cross, which was submitted through the Council’s Call for Sites and assigned Site ID 45919. The document responds to the Council’s further Regulation 18 “Issues and Options” consultation for the emerging North East Derbyshire Local Plan.
It sets out land ownership, confirms the site’s inclusion in the Housing Land Availability Assessment (LAA), and explains that additional technical work is ongoing and will be submitted in response to the Council’s request for further information. Miller Homes argues that the site is capable of contributing to housing supply, that it is being actively promoted for delivery, and that the submission should be read alongside the Council’s consultation and evidence base documents.

2.0 Background and the Site
Context
This subsection outlines the plan-making context. North East Derbyshire District Council has revised its Local Development Scheme and is progressing an updated Local Plan under transitional regulations, with submission targeted by the end of 2026. The current consultation represents a refined second stage of Regulation 18, intended to test the Council’s strategic approach to development and a shortlist of sites that have passed initial technical screening.
The section notes ongoing national policy change, including the draft updated NPPF, and highlights the need for streamlined, proportionate plan-making during a period of regulatory transition.
The Site
This subsection describes the site itself and its baseline conditions. The land west of High Street, Clay Cross comprises approximately four hectares of agricultural and rough grassland on the western edge of the settlement. While largely undesignated countryside land, it is directly adjacent to the town, contains a bus stop on its eastern boundary, and is crossed by a public right of way. Parts of the western edge lie within Flood Zones 2 and 3, and there is a potential historic landfill area requiring further investigation.
Initial technical work indicates no protected species on-site and that most of the land is agricultural in character. Miller Homes argues that there are no insurmountable constraints, that further technical work is underway, and that the site represents a logical, sustainable urban extension suitable for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting housing needs across the district. While the Council is not explicitly consulting on housing numbers at this stage, Tetra Tech supports the principle of planning positively for growth and meeting at least the standard method housing requirement of 605 dwellings per year.
The section argues that housing need should exceed the minimum standard method figure, citing strong recent delivery rates in North East Derbyshire, persistent affordability issues, and significant unmet affordable housing need. It also highlights the wider Housing Market Area context, suggesting North East Derbyshire is well placed to help meet unmet needs from neighbouring authorities such as Chesterfield.
Overall, the section concludes that the emerging Local Plan should plan for housing delivery above the minimum requirement, and that this issue should be resolved before the Regulation 19 stage.

4.0 Spatial Strategy
This section considers how development should be distributed spatially, focusing on settlement hierarchy, sustainability, and strategic growth corridors.
Tetra Tech strongly supports the Council’s updated settlement hierarchy methodology, including its evidence-led and GIS-based approach, weighting of services, and focus on accessibility. The section highlights that Clay Cross is identified as a Level 1 Main Town with the highest sustainability scores, justifying its role as a Priority 1 location for growth.
It argues that Clay Cross is well suited for further housing due to its service base, employment opportunities, strong transport links (particularly along the A61 corridor), and lack of Green Belt designation. The site west of High Street is presented as a sustainable, non-Green Belt option that should be prioritised before any consideration of Green Belt release elsewhere.
The section also links the proposed growth to wider regional strategies, including the East Midlands Combined Authority’s Vision for Growth, and suggests minor refinements to ensure the settlement hierarchy evidence is consistently reflected in site allocation decisions.

5.0 Housing Land Availability Assessment
This section reviews both the suitability of the site and the Council’s LAA methodology.
Tetra Tech agrees with the Council’s conclusion that the site has an overall “amber” suitability rating, meaning it has potential for housing subject to mitigation of identified constraints. The section summarises those constraints, including landscape, access, flood risk areas, and heritage considerations, and argues they are all manageable through appropriate design, further assessment, and masterplanning.
The methodology used in the LAA is broadly supported, particularly the treatment of flood risk and landscape sensitivity as factors to be mitigated rather than absolute constraints. The section concludes that the site remains suitable for residential development and that forthcoming technical evidence will further support its allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section provides a detailed critique of the Sustainability Appraisal (SA) and Habitats Regulations Assessment (HRA) as they apply to the site.
Tetra Tech supports the overall SA and HRA processes but argues that the site’s individual scoring has been overly pessimistic and inconsistent with the Council’s own methodologies. The section systematically reviews multiple SA objectives, including biodiversity, landscape, heritage, water, natural resources, climate change adaptation, sustainable communities, and transport.
For most objectives, Tetra Tech contends that effects should be scored as neutral or minor positive rather than minor or major negative, particularly given the site’s proximity to services, public transport, and town centre facilities, and the limited extent of environmental and flood constraints. Adjusted scores are proposed to demonstrate that the site performs favourably overall when assessed correctly.
The HRA elements are largely supported, particularly the exclusion of urbanisation impacts and the recognition that concentrating growth in sustainable locations like Clay Cross helps minimise traffic-related impacts on European sites.

7.0 Conclusion
The conclusion brings together the main arguments of the representations. It states that the site west of High Street, Clay Cross is capable of delivering housing in a sustainable, accessible location and can help meet both current and future housing needs.
The section reiterates support for the Council’s settlement hierarchy and spatial strategy, with Clay Cross identified as a logical focus for growth. It confirms broad agreement with the LAA methodology and concludes that the site’s “amber” rating is appropriate pending further technical work.
Finally, it asserts that several Sustainability Appraisal scores should be revised, as the site performs more positively than currently recorded. Tetra Tech calls for these issues to be addressed before the Regulation 19 stage to ensure that the site is fairly and consistently assessed within the emerging Local Plan.

Further report emailed also on 30/04:
Strategic Approach to Location of Development
and Refined Sites, Site ID 45920 + 45951. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech Consulting Ltd on behalf of Miller Homes in relation to land north of the former Biwater site in Clay Cross. The land is owned by St Modwen Homes Limited, with Miller Homes as the beneficial owner. The representations relate primarily to Site ID 45920, and request that an incorrect alternative site boundary (Site ID 45951) be removed from the Land Availability Assessment.
The section notes that the Council is at an early stage in preparing its new Local Plan and has published a further Regulation 18 Issues and Options consultation alongside supporting evidence. The site is identified as a “refined site” in the draft Plan, which is welcomed. The document states that development options are being progressed, further technical work is underway in response to the Council’s request for additional information, and that updated evidence may be submitted. It concludes that the site can contribute to housing needs and that Miller Homes is committed to delivering development in line with national and local planning policy.

2.0 Background and the Site
Context
This subsection outlines the plan-making context, noting the Council’s decision in February 2026 to update the Local Development Scheme and introduce an additional Regulation 18 consultation stage. The current consultation seeks views on the proposed strategic approach to development and a refined list of sites that have passed initial technical screening.
It notes that Miller Homes previously responded to the 2025 Issues and Options consultation and that this stage represents a second phase of Regulation 18 engagement before Regulation 19 publication. Reference is also made to the draft revised National Planning Policy Framework published in December 2025 and its emphasis on streamlined, proportionate plan-making.
The Site
This subsection describes the site’s location and characteristics. The site extends to approximately 19.8 hectares on the northern side of Clay Cross and comprises agricultural land and woodland. It is designated as a Local Settlement Gap in the adopted Local Plan, contains a public right of way, and is bordered by formal sports pitches to the north and south. The site is not within Flood Zones 2 or 3, though some surface water flow paths exist along boundaries.
The site lies north of the Egstow Park (former Biwater) development and between Clay Cross and Old Tupton. It is within a coal mining reporting area. The Church of St Lawrence, a Grade I listed building, lies approximately 500 metres away. The section confirms that technical work and an indicative masterplan are in progress and concludes that there are no insurmountable constraints that would prevent the site being considered for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting development needs. It notes that although housing numbers are not currently being consulted on, the Council recognises the need to plan positively to meet objectively assessed needs in line with the NPPF.
The section confirms that the consultation is based on the standard method housing requirement of 12,100 homes over the plan period. It argues that several factors suggest housing need should be higher than this minimum, including recent delivery rates that exceed the standard method, evidence of affordability issues, and findings from the Housing Needs Assessment that highlight difficulties for non‑owners accessing the housing market.
The section also considers unmet need across the wider housing market area and notes that adopted plan requirements are lower than current standard method figures. It concludes that the issue of housing requirement should be addressed clearly before the Regulation 19 stage.

4.0 Spatial Strategy
This section addresses the overall distribution of development and the settlement hierarchy. It supports the updated Settlement Role and Function Study and Settlement Hierarchy, describing the methodology as evidence‑led and based on population, services, employment, and public transport accessibility.
The section identifies Clay Cross as a Level 1 Main Town and Priority 1 Location. It explains Clay Cross’s functional relationship with Chesterfield and Sheffield, its role within the A61 corridor, and the concentration of services and employment within the settlement. It states that housing should be directed to locations where infrastructure and services are most concentrated.
The section also discusses Green Belt and other constraints, noting that neither Clay Cross nor the site is within the Green Belt. It states that the site has been identified through assessment as a logical urban extension with manageable constraints, and refers to regional growth strategies including the East Midlands Combined County Authority’s Vision for Growth. Suggestions are made to ensure the settlement hierarchy evidence is clearly reflected in policy and site selection.

5.0 Housing Land Availability Assessment
This section considers the Housing Land Availability Assessment and the site’s suitability. It describes the site’s size, location, and relationship to surrounding land uses, including its designation as a Local Settlement Gap and its proximity to Egstow Park.
The section highlights an apparent discrepancy between an “amber” suitability rating set out in a Planning Policy Officer email and a “red” rating shown in the published LAA. The officer correspondence is summarised, identifying constraints relating to landscape impact, settlement coalescence, archaeology, ecology, access, surface water flooding, and coal mining risk.
The section states that further technical work is underway to address these matters and contends that the identified constraints are capable of mitigation. It notes the site is outside the Green Belt and states that further evidence will be submitted to support allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section responds to the Sustainability Appraisal and Habitats Regulations Assessment for the site. It supports the role of the SA in assessing alternative sites and welcomes the site’s inclusion as a refined site.
The section reviews the site-specific SA scoring and identifies what it describes as inconsistencies between the scores and the stated methodology. It raises concerns over assumptions about site capacity and requests that these be revisited.
Detailed commentary is provided on several SA objectives, including biodiversity, landscape, cultural heritage, natural resources, climate change adaptation, and transport. For each, the section explains why alternative scores are considered more appropriate based on distance from designated assets, site conditions, and the methodology used. A revised summary of SA scores is presented.
The section also responds to the HRA, supporting the focus on air quality impacts and the exclusion of urbanisation effects where precautionary buffers are not triggered.

7.0 Conclusion
The conclusion summarises that the representations demonstrate the site’s potential to contribute to housing needs in North East Derbyshire. It reiterates support for a higher housing requirement than the standard method minimum and for Clay Cross’s role as a sustainable location for growth.
The section confirms support for the settlement hierarchy and the site’s identification as having potential subject to further work. It concludes that the site has been assessed too negatively in parts of the Sustainability Appraisal and that scores should be revised to reflect the methodology and evidence before the Regulation 19 stage.

Strategic Approach to Location of Development
and Refined Sites, Site ID 45919. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech on behalf of Miller Homes in relation to land west of High Street, Clay Cross, which was submitted through the Council’s Call for Sites and assigned Site ID 45919. The document responds to the Council’s further Regulation 18 “Issues and Options” consultation for the emerging North East Derbyshire Local Plan.
It sets out land ownership, confirms the site’s inclusion in the Housing Land Availability Assessment (LAA), and explains that additional technical work is ongoing and will be submitted in response to the Council’s request for further information. Miller Homes argues that the site is capable of contributing to housing supply, that it is being actively promoted for delivery, and that the submission should be read alongside the Council’s consultation and evidence base documents.

2.0 Background and the Site
Context
This subsection outlines the plan-making context. North East Derbyshire District Council has revised its Local Development Scheme and is progressing an updated Local Plan under transitional regulations, with submission targeted by the end of 2026. The current consultation represents a refined second stage of Regulation 18, intended to test the Council’s strategic approach to development and a shortlist of sites that have passed initial technical screening.
The section notes ongoing national policy change, including the draft updated NPPF, and highlights the need for streamlined, proportionate plan-making during a period of regulatory transition.
The Site
This subsection describes the site itself and its baseline conditions. The land west of High Street, Clay Cross comprises approximately four hectares of agricultural and rough grassland on the western edge of the settlement. While largely undesignated countryside land, it is directly adjacent to the town, contains a bus stop on its eastern boundary, and is crossed by a public right of way. Parts of the western edge lie within Flood Zones 2 and 3, and there is a potential historic landfill area requiring further investigation.
Initial technical work indicates no protected species on-site and that most of the land is agricultural in character. Miller Homes argues that there are no insurmountable constraints, that further technical work is underway, and that the site represents a logical, sustainable urban extension suitable for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting housing needs across the district. While the Council is not explicitly consulting on housing numbers at this stage, Tetra Tech supports the principle of planning positively for growth and meeting at least the standard method housing requirement of 605 dwellings per year.
The section argues that housing need should exceed the minimum standard method figure, citing strong recent delivery rates in North East Derbyshire, persistent affordability issues, and significant unmet affordable housing need. It also highlights the wider Housing Market Area context, suggesting North East Derbyshire is well placed to help meet unmet needs from neighbouring authorities such as Chesterfield.
Overall, the section concludes that the emerging Local Plan should plan for housing delivery above the minimum requirement, and that this issue should be resolved before the Regulation 19 stage.

4.0 Spatial Strategy
This section considers how development should be distributed spatially, focusing on settlement hierarchy, sustainability, and strategic growth corridors.
Tetra Tech strongly supports the Council’s updated settlement hierarchy methodology, including its evidence-led and GIS-based approach, weighting of services, and focus on accessibility. The section highlights that Clay Cross is identified as a Level 1 Main Town with the highest sustainability scores, justifying its role as a Priority 1 location for growth.
It argues that Clay Cross is well suited for further housing due to its service base, employment opportunities, strong transport links (particularly along the A61 corridor), and lack of Green Belt designation. The site west of High Street is presented as a sustainable, non-Green Belt option that should be prioritised before any consideration of Green Belt release elsewhere.
The section also links the proposed growth to wider regional strategies, including the East Midlands Combined Authority’s Vision for Growth, and suggests minor refinements to ensure the settlement hierarchy evidence is consistently reflected in site allocation decisions.

5.0 Housing Land Availability Assessment
This section reviews both the suitability of the site and the Council’s LAA methodology.
Tetra Tech agrees with the Council’s conclusion that the site has an overall “amber” suitability rating, meaning it has potential for housing subject to mitigation of identified constraints. The section summarises those constraints, including landscape, access, flood risk areas, and heritage considerations, and argues they are all manageable through appropriate design, further assessment, and masterplanning.
The methodology used in the LAA is broadly supported, particularly the treatment of flood risk and landscape sensitivity as factors to be mitigated rather than absolute constraints. The section concludes that the site remains suitable for residential development and that forthcoming technical evidence will further support its allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section provides a detailed critique of the Sustainability Appraisal (SA) and Habitats Regulations Assessment (HRA) as they apply to the site.
Tetra Tech supports the overall SA and HRA processes but argues that the site’s individual scoring has been overly pessimistic and inconsistent with the Council’s own methodologies. The section systematically reviews multiple SA objectives, including biodiversity, landscape, heritage, water, natural resources, climate change adaptation, sustainable communities, and transport.
For most objectives, Tetra Tech contends that effects should be scored as neutral or minor positive rather than minor or major negative, particularly given the site’s proximity to services, public transport, and town centre facilities, and the limited extent of environmental and flood constraints. Adjusted scores are proposed to demonstrate that the site performs favourably overall when assessed correctly.
The HRA elements are largely supported, particularly the exclusion of urbanisation impacts and the recognition that concentrating growth in sustainable locations like Clay Cross helps minimise traffic-related impacts on European sites.

7.0 Conclusion
The conclusion brings together the main arguments of the representations. It states that the site west of High Street, Clay Cross is capable of delivering housing in a sustainable, accessible location and can help meet both current and future housing needs.
The section reiterates support for the Council’s settlement hierarchy and spatial strategy, with Clay Cross identified as a logical focus for growth. It confirms broad agreement with the LAA methodology and concludes that the site’s “amber” rating is appropriate pending further technical work.
Finally, it asserts that several Sustainability Appraisal scores should be revised, as the site performs more positively than currently recorded. Tetra Tech calls for these issues to be addressed before the Regulation 19 stage to ensure that the site is fairly and consistently assessed within the emerging Local Plan.

Further report emailed also on 30/04:
Strategic Approach to Location of Development
and Refined Sites, Site ID 45920 + 45951. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech Consulting Ltd on behalf of Miller Homes in relation to land north of the former Biwater site in Clay Cross. The land is owned by St Modwen Homes Limited, with Miller Homes as the beneficial owner. The representations relate primarily to Site ID 45920, and request that an incorrect alternative site boundary (Site ID 45951) be removed from the Land Availability Assessment.
The section notes that the Council is at an early stage in preparing its new Local Plan and has published a further Regulation 18 Issues and Options consultation alongside supporting evidence. The site is identified as a “refined site” in the draft Plan, which is welcomed. The document states that development options are being progressed, further technical work is underway in response to the Council’s request for additional information, and that updated evidence may be submitted. It concludes that the site can contribute to housing needs and that Miller Homes is committed to delivering development in line with national and local planning policy.

2.0 Background and the Site
Context
This subsection outlines the plan-making context, noting the Council’s decision in February 2026 to update the Local Development Scheme and introduce an additional Regulation 18 consultation stage. The current consultation seeks views on the proposed strategic approach to development and a refined list of sites that have passed initial technical screening.
It notes that Miller Homes previously responded to the 2025 Issues and Options consultation and that this stage represents a second phase of Regulation 18 engagement before Regulation 19 publication. Reference is also made to the draft revised National Planning Policy Framework published in December 2025 and its emphasis on streamlined, proportionate plan-making.
The Site
This subsection describes the site’s location and characteristics. The site extends to approximately 19.8 hectares on the northern side of Clay Cross and comprises agricultural land and woodland. It is designated as a Local Settlement Gap in the adopted Local Plan, contains a public right of way, and is bordered by formal sports pitches to the north and south. The site is not within Flood Zones 2 or 3, though some surface water flow paths exist along boundaries.
The site lies north of the Egstow Park (former Biwater) development and between Clay Cross and Old Tupton. It is within a coal mining reporting area. The Church of St Lawrence, a Grade I listed building, lies approximately 500 metres away. The section confirms that technical work and an indicative masterplan are in progress and concludes that there are no insurmountable constraints that would prevent the site being considered for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting development needs. It notes that although housing numbers are not currently being consulted on, the Council recognises the need to plan positively to meet objectively assessed needs in line with the NPPF.
The section confirms that the consultation is based on the standard method housing requirement of 12,100 homes over the plan period. It argues that several factors suggest housing need should be higher than this minimum, including recent delivery rates that exceed the standard method, evidence of affordability issues, and findings from the Housing Needs Assessment that highlight difficulties for non‑owners accessing the housing market.
The section also considers unmet need across the wider housing market area and notes that adopted plan requirements are lower than current standard method figures. It concludes that the issue of housing requirement should be addressed clearly before the Regulation 19 stage.

4.0 Spatial Strategy
This section addresses the overall distribution of development and the settlement hierarchy. It supports the updated Settlement Role and Function Study and Settlement Hierarchy, describing the methodology as evidence‑led and based on population, services, employment, and public transport accessibility.
The section identifies Clay Cross as a Level 1 Main Town and Priority 1 Location. It explains Clay Cross’s functional relationship with Chesterfield and Sheffield, its role within the A61 corridor, and the concentration of services and employment within the settlement. It states that housing should be directed to locations where infrastructure and services are most concentrated.
The section also discusses Green Belt and other constraints, noting that neither Clay Cross nor the site is within the Green Belt. It states that the site has been identified through assessment as a logical urban extension with manageable constraints, and refers to regional growth strategies including the East Midlands Combined County Authority’s Vision for Growth. Suggestions are made to ensure the settlement hierarchy evidence is clearly reflected in policy and site selection.

5.0 Housing Land Availability Assessment
This section considers the Housing Land Availability Assessment and the site’s suitability. It describes the site’s size, location, and relationship to surrounding land uses, including its designation as a Local Settlement Gap and its proximity to Egstow Park.
The section highlights an apparent discrepancy between an “amber” suitability rating set out in a Planning Policy Officer email and a “red” rating shown in the published LAA. The officer correspondence is summarised, identifying constraints relating to landscape impact, settlement coalescence, archaeology, ecology, access, surface water flooding, and coal mining risk.
The section states that further technical work is underway to address these matters and contends that the identified constraints are capable of mitigation. It notes the site is outside the Green Belt and states that further evidence will be submitted to support allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section responds to the Sustainability Appraisal and Habitats Regulations Assessment for the site. It supports the role of the SA in assessing alternative sites and welcomes the site’s inclusion as a refined site.
The section reviews the site-specific SA scoring and identifies what it describes as inconsistencies between the scores and the stated methodology. It raises concerns over assumptions about site capacity and requests that these be revisited.
Detailed commentary is provided on several SA objectives, including biodiversity, landscape, cultural heritage, natural resources, climate change adaptation, and transport. For each, the section explains why alternative scores are considered more appropriate based on distance from designated assets, site conditions, and the methodology used. A revised summary of SA scores is presented.
The section also responds to the HRA, supporting the focus on air quality impacts and the exclusion of urbanisation effects where precautionary buffers are not triggered.

7.0 Conclusion
The conclusion summarises that the representations demonstrate the site’s potential to contribute to housing needs in North East Derbyshire. It reiterates support for a higher housing requirement than the standard method minimum and for Clay Cross’s role as a sustainable location for growth.
The section confirms support for the settlement hierarchy and the site’s identification as having potential subject to further work. It concludes that the site has been assessed too negatively in parts of the Sustainability Appraisal and that scores should be revised to reflect the methodology and evidence before the Regulation 19 stage.

Strategic Approach to Location of Development
and Refined Sites, Site ID 45919. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech on behalf of Miller Homes in relation to land west of High Street, Clay Cross, which was submitted through the Council’s Call for Sites and assigned Site ID 45919. The document responds to the Council’s further Regulation 18 “Issues and Options” consultation for the emerging North East Derbyshire Local Plan.
It sets out land ownership, confirms the site’s inclusion in the Housing Land Availability Assessment (LAA), and explains that additional technical work is ongoing and will be submitted in response to the Council’s request for further information. Miller Homes argues that the site is capable of contributing to housing supply, that it is being actively promoted for delivery, and that the submission should be read alongside the Council’s consultation and evidence base documents.

2.0 Background and the Site
Context
This subsection outlines the plan-making context. North East Derbyshire District Council has revised its Local Development Scheme and is progressing an updated Local Plan under transitional regulations, with submission targeted by the end of 2026. The current consultation represents a refined second stage of Regulation 18, intended to test the Council’s strategic approach to development and a shortlist of sites that have passed initial technical screening.
The section notes ongoing national policy change, including the draft updated NPPF, and highlights the need for streamlined, proportionate plan-making during a period of regulatory transition.
The Site
This subsection describes the site itself and its baseline conditions. The land west of High Street, Clay Cross comprises approximately four hectares of agricultural and rough grassland on the western edge of the settlement. While largely undesignated countryside land, it is directly adjacent to the town, contains a bus stop on its eastern boundary, and is crossed by a public right of way. Parts of the western edge lie within Flood Zones 2 and 3, and there is a potential historic landfill area requiring further investigation.
Initial technical work indicates no protected species on-site and that most of the land is agricultural in character. Miller Homes argues that there are no insurmountable constraints, that further technical work is underway, and that the site represents a logical, sustainable urban extension suitable for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting housing needs across the district. While the Council is not explicitly consulting on housing numbers at this stage, Tetra Tech supports the principle of planning positively for growth and meeting at least the standard method housing requirement of 605 dwellings per year.
The section argues that housing need should exceed the minimum standard method figure, citing strong recent delivery rates in North East Derbyshire, persistent affordability issues, and significant unmet affordable housing need. It also highlights the wider Housing Market Area context, suggesting North East Derbyshire is well placed to help meet unmet needs from neighbouring authorities such as Chesterfield.
Overall, the section concludes that the emerging Local Plan should plan for housing delivery above the minimum requirement, and that this issue should be resolved before the Regulation 19 stage.

4.0 Spatial Strategy
This section considers how development should be distributed spatially, focusing on settlement hierarchy, sustainability, and strategic growth corridors.
Tetra Tech strongly supports the Council’s updated settlement hierarchy methodology, including its evidence-led and GIS-based approach, weighting of services, and focus on accessibility. The section highlights that Clay Cross is identified as a Level 1 Main Town with the highest sustainability scores, justifying its role as a Priority 1 location for growth.
It argues that Clay Cross is well suited for further housing due to its service base, employment opportunities, strong transport links (particularly along the A61 corridor), and lack of Green Belt designation. The site west of High Street is presented as a sustainable, non-Green Belt option that should be prioritised before any consideration of Green Belt release elsewhere.
The section also links the proposed growth to wider regional strategies, including the East Midlands Combined Authority’s Vision for Growth, and suggests minor refinements to ensure the settlement hierarchy evidence is consistently reflected in site allocation decisions.

5.0 Housing Land Availability Assessment
This section reviews both the suitability of the site and the Council’s LAA methodology.
Tetra Tech agrees with the Council’s conclusion that the site has an overall “amber” suitability rating, meaning it has potential for housing subject to mitigation of identified constraints. The section summarises those constraints, including landscape, access, flood risk areas, and heritage considerations, and argues they are all manageable through appropriate design, further assessment, and masterplanning.
The methodology used in the LAA is broadly supported, particularly the treatment of flood risk and landscape sensitivity as factors to be mitigated rather than absolute constraints. The section concludes that the site remains suitable for residential development and that forthcoming technical evidence will further support its allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section provides a detailed critique of the Sustainability Appraisal (SA) and Habitats Regulations Assessment (HRA) as they apply to the site.
Tetra Tech supports the overall SA and HRA processes but argues that the site’s individual scoring has been overly pessimistic and inconsistent with the Council’s own methodologies. The section systematically reviews multiple SA objectives, including biodiversity, landscape, heritage, water, natural resources, climate change adaptation, sustainable communities, and transport.
For most objectives, Tetra Tech contends that effects should be scored as neutral or minor positive rather than minor or major negative, particularly given the site’s proximity to services, public transport, and town centre facilities, and the limited extent of environmental and flood constraints. Adjusted scores are proposed to demonstrate that the site performs favourably overall when assessed correctly.
The HRA elements are largely supported, particularly the exclusion of urbanisation impacts and the recognition that concentrating growth in sustainable locations like Clay Cross helps minimise traffic-related impacts on European sites.

7.0 Conclusion
The conclusion brings together the main arguments of the representations. It states that the site west of High Street, Clay Cross is capable of delivering housing in a sustainable, accessible location and can help meet both current and future housing needs.
The section reiterates support for the Council’s settlement hierarchy and spatial strategy, with Clay Cross identified as a logical focus for growth. It confirms broad agreement with the LAA methodology and concludes that the site’s “amber” rating is appropriate pending further technical work.
Finally, it asserts that several Sustainability Appraisal scores should be revised, as the site performs more positively than currently recorded. Tetra Tech calls for these issues to be addressed before the Regulation 19 stage to ensure that the site is fairly and consistently assessed within the emerging Local Plan.

Further report emailed also on 30/04:
Strategic Approach to Location of Development
and Refined Sites, Site ID 45920 + 45951. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech Consulting Ltd on behalf of Miller Homes in relation to land north of the former Biwater site in Clay Cross. The land is owned by St Modwen Homes Limited, with Miller Homes as the beneficial owner. The representations relate primarily to Site ID 45920, and request that an incorrect alternative site boundary (Site ID 45951) be removed from the Land Availability Assessment.
The section notes that the Council is at an early stage in preparing its new Local Plan and has published a further Regulation 18 Issues and Options consultation alongside supporting evidence. The site is identified as a “refined site” in the draft Plan, which is welcomed. The document states that development options are being progressed, further technical work is underway in response to the Council’s request for additional information, and that updated evidence may be submitted. It concludes that the site can contribute to housing needs and that Miller Homes is committed to delivering development in line with national and local planning policy.

2.0 Background and the Site
Context
This subsection outlines the plan-making context, noting the Council’s decision in February 2026 to update the Local Development Scheme and introduce an additional Regulation 18 consultation stage. The current consultation seeks views on the proposed strategic approach to development and a refined list of sites that have passed initial technical screening.
It notes that Miller Homes previously responded to the 2025 Issues and Options consultation and that this stage represents a second phase of Regulation 18 engagement before Regulation 19 publication. Reference is also made to the draft revised National Planning Policy Framework published in December 2025 and its emphasis on streamlined, proportionate plan-making.
The Site
This subsection describes the site’s location and characteristics. The site extends to approximately 19.8 hectares on the northern side of Clay Cross and comprises agricultural land and woodland. It is designated as a Local Settlement Gap in the adopted Local Plan, contains a public right of way, and is bordered by formal sports pitches to the north and south. The site is not within Flood Zones 2 or 3, though some surface water flow paths exist along boundaries.
The site lies north of the Egstow Park (former Biwater) development and between Clay Cross and Old Tupton. It is within a coal mining reporting area. The Church of St Lawrence, a Grade I listed building, lies approximately 500 metres away. The section confirms that technical work and an indicative masterplan are in progress and concludes that there are no insurmountable constraints that would prevent the site being considered for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting development needs. It notes that although housing numbers are not currently being consulted on, the Council recognises the need to plan positively to meet objectively assessed needs in line with the NPPF.
The section confirms that the consultation is based on the standard method housing requirement of 12,100 homes over the plan period. It argues that several factors suggest housing need should be higher than this minimum, including recent delivery rates that exceed the standard method, evidence of affordability issues, and findings from the Housing Needs Assessment that highlight difficulties for non‑owners accessing the housing market.
The section also considers unmet need across the wider housing market area and notes that adopted plan requirements are lower than current standard method figures. It concludes that the issue of housing requirement should be addressed clearly before the Regulation 19 stage.

4.0 Spatial Strategy
This section addresses the overall distribution of development and the settlement hierarchy. It supports the updated Settlement Role and Function Study and Settlement Hierarchy, describing the methodology as evidence‑led and based on population, services, employment, and public transport accessibility.
The section identifies Clay Cross as a Level 1 Main Town and Priority 1 Location. It explains Clay Cross’s functional relationship with Chesterfield and Sheffield, its role within the A61 corridor, and the concentration of services and employment within the settlement. It states that housing should be directed to locations where infrastructure and services are most concentrated.
The section also discusses Green Belt and other constraints, noting that neither Clay Cross nor the site is within the Green Belt. It states that the site has been identified through assessment as a logical urban extension with manageable constraints, and refers to regional growth strategies including the East Midlands Combined County Authority’s Vision for Growth. Suggestions are made to ensure the settlement hierarchy evidence is clearly reflected in policy and site selection.

5.0 Housing Land Availability Assessment
This section considers the Housing Land Availability Assessment and the site’s suitability. It describes the site’s size, location, and relationship to surrounding land uses, including its designation as a Local Settlement Gap and its proximity to Egstow Park.
The section highlights an apparent discrepancy between an “amber” suitability rating set out in a Planning Policy Officer email and a “red” rating shown in the published LAA. The officer correspondence is summarised, identifying constraints relating to landscape impact, settlement coalescence, archaeology, ecology, access, surface water flooding, and coal mining risk.
The section states that further technical work is underway to address these matters and contends that the identified constraints are capable of mitigation. It notes the site is outside the Green Belt and states that further evidence will be submitted to support allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section responds to the Sustainability Appraisal and Habitats Regulations Assessment for the site. It supports the role of the SA in assessing alternative sites and welcomes the site’s inclusion as a refined site.
The section reviews the site-specific SA scoring and identifies what it describes as inconsistencies between the scores and the stated methodology. It raises concerns over assumptions about site capacity and requests that these be revisited.
Detailed commentary is provided on several SA objectives, including biodiversity, landscape, cultural heritage, natural resources, climate change adaptation, and transport. For each, the section explains why alternative scores are considered more appropriate based on distance from designated assets, site conditions, and the methodology used. A revised summary of SA scores is presented.
The section also responds to the HRA, supporting the focus on air quality impacts and the exclusion of urbanisation effects where precautionary buffers are not triggered.

7.0 Conclusion
The conclusion summarises that the representations demonstrate the site’s potential to contribute to housing needs in North East Derbyshire. It reiterates support for a higher housing requirement than the standard method minimum and for Clay Cross’s role as a sustainable location for growth.
The section confirms support for the settlement hierarchy and the site’s identification as having potential subject to further work. It concludes that the site has been assessed too negatively in parts of the Sustainability Appraisal and that scores should be revised to reflect the methodology and evidence before the Regulation 19 stage.

Strategic Approach to Location of Development
and Refined Sites, Site ID 45919. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech on behalf of Miller Homes in relation to land west of High Street, Clay Cross, which was submitted through the Council’s Call for Sites and assigned Site ID 45919. The document responds to the Council’s further Regulation 18 “Issues and Options” consultation for the emerging North East Derbyshire Local Plan.
It sets out land ownership, confirms the site’s inclusion in the Housing Land Availability Assessment (LAA), and explains that additional technical work is ongoing and will be submitted in response to the Council’s request for further information. Miller Homes argues that the site is capable of contributing to housing supply, that it is being actively promoted for delivery, and that the submission should be read alongside the Council’s consultation and evidence base documents.

2.0 Background and the Site
Context
This subsection outlines the plan-making context. North East Derbyshire District Council has revised its Local Development Scheme and is progressing an updated Local Plan under transitional regulations, with submission targeted by the end of 2026. The current consultation represents a refined second stage of Regulation 18, intended to test the Council’s strategic approach to development and a shortlist of sites that have passed initial technical screening.
The section notes ongoing national policy change, including the draft updated NPPF, and highlights the need for streamlined, proportionate plan-making during a period of regulatory transition.
The Site
This subsection describes the site itself and its baseline conditions. The land west of High Street, Clay Cross comprises approximately four hectares of agricultural and rough grassland on the western edge of the settlement. While largely undesignated countryside land, it is directly adjacent to the town, contains a bus stop on its eastern boundary, and is crossed by a public right of way. Parts of the western edge lie within Flood Zones 2 and 3, and there is a potential historic landfill area requiring further investigation.
Initial technical work indicates no protected species on-site and that most of the land is agricultural in character. Miller Homes argues that there are no insurmountable constraints, that further technical work is underway, and that the site represents a logical, sustainable urban extension suitable for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting housing needs across the district. While the Council is not explicitly consulting on housing numbers at this stage, Tetra Tech supports the principle of planning positively for growth and meeting at least the standard method housing requirement of 605 dwellings per year.
The section argues that housing need should exceed the minimum standard method figure, citing strong recent delivery rates in North East Derbyshire, persistent affordability issues, and significant unmet affordable housing need. It also highlights the wider Housing Market Area context, suggesting North East Derbyshire is well placed to help meet unmet needs from neighbouring authorities such as Chesterfield.
Overall, the section concludes that the emerging Local Plan should plan for housing delivery above the minimum requirement, and that this issue should be resolved before the Regulation 19 stage.

4.0 Spatial Strategy
This section considers how development should be distributed spatially, focusing on settlement hierarchy, sustainability, and strategic growth corridors.
Tetra Tech strongly supports the Council’s updated settlement hierarchy methodology, including its evidence-led and GIS-based approach, weighting of services, and focus on accessibility. The section highlights that Clay Cross is identified as a Level 1 Main Town with the highest sustainability scores, justifying its role as a Priority 1 location for growth.
It argues that Clay Cross is well suited for further housing due to its service base, employment opportunities, strong transport links (particularly along the A61 corridor), and lack of Green Belt designation. The site west of High Street is presented as a sustainable, non-Green Belt option that should be prioritised before any consideration of Green Belt release elsewhere.
The section also links the proposed growth to wider regional strategies, including the East Midlands Combined Authority’s Vision for Growth, and suggests minor refinements to ensure the settlement hierarchy evidence is consistently reflected in site allocation decisions.

5.0 Housing Land Availability Assessment
This section reviews both the suitability of the site and the Council’s LAA methodology.
Tetra Tech agrees with the Council’s conclusion that the site has an overall “amber” suitability rating, meaning it has potential for housing subject to mitigation of identified constraints. The section summarises those constraints, including landscape, access, flood risk areas, and heritage considerations, and argues they are all manageable through appropriate design, further assessment, and masterplanning.
The methodology used in the LAA is broadly supported, particularly the treatment of flood risk and landscape sensitivity as factors to be mitigated rather than absolute constraints. The section concludes that the site remains suitable for residential development and that forthcoming technical evidence will further support its allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section provides a detailed critique of the Sustainability Appraisal (SA) and Habitats Regulations Assessment (HRA) as they apply to the site.
Tetra Tech supports the overall SA and HRA processes but argues that the site’s individual scoring has been overly pessimistic and inconsistent with the Council’s own methodologies. The section systematically reviews multiple SA objectives, including biodiversity, landscape, heritage, water, natural resources, climate change adaptation, sustainable communities, and transport.
For most objectives, Tetra Tech contends that effects should be scored as neutral or minor positive rather than minor or major negative, particularly given the site’s proximity to services, public transport, and town centre facilities, and the limited extent of environmental and flood constraints. Adjusted scores are proposed to demonstrate that the site performs favourably overall when assessed correctly.
The HRA elements are largely supported, particularly the exclusion of urbanisation impacts and the recognition that concentrating growth in sustainable locations like Clay Cross helps minimise traffic-related impacts on European sites.

7.0 Conclusion
The conclusion brings together the main arguments of the representations. It states that the site west of High Street, Clay Cross is capable of delivering housing in a sustainable, accessible location and can help meet both current and future housing needs.
The section reiterates support for the Council’s settlement hierarchy and spatial strategy, with Clay Cross identified as a logical focus for growth. It confirms broad agreement with the LAA methodology and concludes that the site’s “amber” rating is appropriate pending further technical work.
Finally, it asserts that several Sustainability Appraisal scores should be revised, as the site performs more positively than currently recorded. Tetra Tech calls for these issues to be addressed before the Regulation 19 stage to ensure that the site is fairly and consistently assessed within the emerging Local Plan.

Further report emailed also on 30/04:
Strategic Approach to Location of Development
and Refined Sites, Site ID 45920 + 45951. Summary of attached report:
1.0 Introduction
This section explains that the representations have been prepared by Tetra Tech Consulting Ltd on behalf of Miller Homes in relation to land north of the former Biwater site in Clay Cross. The land is owned by St Modwen Homes Limited, with Miller Homes as the beneficial owner. The representations relate primarily to Site ID 45920, and request that an incorrect alternative site boundary (Site ID 45951) be removed from the Land Availability Assessment.
The section notes that the Council is at an early stage in preparing its new Local Plan and has published a further Regulation 18 Issues and Options consultation alongside supporting evidence. The site is identified as a “refined site” in the draft Plan, which is welcomed. The document states that development options are being progressed, further technical work is underway in response to the Council’s request for additional information, and that updated evidence may be submitted. It concludes that the site can contribute to housing needs and that Miller Homes is committed to delivering development in line with national and local planning policy.

2.0 Background and the Site
Context
This subsection outlines the plan-making context, noting the Council’s decision in February 2026 to update the Local Development Scheme and introduce an additional Regulation 18 consultation stage. The current consultation seeks views on the proposed strategic approach to development and a refined list of sites that have passed initial technical screening.
It notes that Miller Homes previously responded to the 2025 Issues and Options consultation and that this stage represents a second phase of Regulation 18 engagement before Regulation 19 publication. Reference is also made to the draft revised National Planning Policy Framework published in December 2025 and its emphasis on streamlined, proportionate plan-making.
The Site
This subsection describes the site’s location and characteristics. The site extends to approximately 19.8 hectares on the northern side of Clay Cross and comprises agricultural land and woodland. It is designated as a Local Settlement Gap in the adopted Local Plan, contains a public right of way, and is bordered by formal sports pitches to the north and south. The site is not within Flood Zones 2 or 3, though some surface water flow paths exist along boundaries.
The site lies north of the Egstow Park (former Biwater) development and between Clay Cross and Old Tupton. It is within a coal mining reporting area. The Church of St Lawrence, a Grade I listed building, lies approximately 500 metres away. The section confirms that technical work and an indicative masterplan are in progress and concludes that there are no insurmountable constraints that would prevent the site being considered for allocation.

3.0 Strategic Approach to Development Needs
This section responds to the Council’s approach to meeting development needs. It notes that although housing numbers are not currently being consulted on, the Council recognises the need to plan positively to meet objectively assessed needs in line with the NPPF.
The section confirms that the consultation is based on the standard method housing requirement of 12,100 homes over the plan period. It argues that several factors suggest housing need should be higher than this minimum, including recent delivery rates that exceed the standard method, evidence of affordability issues, and findings from the Housing Needs Assessment that highlight difficulties for non‑owners accessing the housing market.
The section also considers unmet need across the wider housing market area and notes that adopted plan requirements are lower than current standard method figures. It concludes that the issue of housing requirement should be addressed clearly before the Regulation 19 stage.

4.0 Spatial Strategy
This section addresses the overall distribution of development and the settlement hierarchy. It supports the updated Settlement Role and Function Study and Settlement Hierarchy, describing the methodology as evidence‑led and based on population, services, employment, and public transport accessibility.
The section identifies Clay Cross as a Level 1 Main Town and Priority 1 Location. It explains Clay Cross’s functional relationship with Chesterfield and Sheffield, its role within the A61 corridor, and the concentration of services and employment within the settlement. It states that housing should be directed to locations where infrastructure and services are most concentrated.
The section also discusses Green Belt and other constraints, noting that neither Clay Cross nor the site is within the Green Belt. It states that the site has been identified through assessment as a logical urban extension with manageable constraints, and refers to regional growth strategies including the East Midlands Combined County Authority’s Vision for Growth. Suggestions are made to ensure the settlement hierarchy evidence is clearly reflected in policy and site selection.

5.0 Housing Land Availability Assessment
This section considers the Housing Land Availability Assessment and the site’s suitability. It describes the site’s size, location, and relationship to surrounding land uses, including its designation as a Local Settlement Gap and its proximity to Egstow Park.
The section highlights an apparent discrepancy between an “amber” suitability rating set out in a Planning Policy Officer email and a “red” rating shown in the published LAA. The officer correspondence is summarised, identifying constraints relating to landscape impact, settlement coalescence, archaeology, ecology, access, surface water flooding, and coal mining risk.
The section states that further technical work is underway to address these matters and contends that the identified constraints are capable of mitigation. It notes the site is outside the Green Belt and states that further evidence will be submitted to support allocation.

6.0 Sustainability Appraisal and Habitats Regulations Assessment
This section responds to the Sustainability Appraisal and Habitats Regulations Assessment for the site. It supports the role of the SA in assessing alternative sites and welcomes the site’s inclusion as a refined site.
The section reviews the site-specific SA scoring and identifies what it describes as inconsistencies between the scores and the stated methodology. It raises concerns over assumptions about site capacity and requests that these be revisited.
Detailed commentary is provided on several SA objectives, including biodiversity, landscape, cultural heritage, natural resources, climate change adaptation, and transport. For each, the section explains why alternative scores are considered more appropriate based on distance from designated assets, site conditions, and the methodology used. A revised summary of SA scores is presented.
The section also responds to the HRA, supporting the focus on air quality impacts and the exclusion of urbanisation effects where precautionary buffers are not triggered.

7.0 Conclusion
The conclusion summarises that the representations demonstrate the site’s potential to contribute to housing needs in North East Derbyshire. It reiterates support for a higher housing requirement than the standard method minimum and for Clay Cross’s role as a sustainable location for growth.
The section confirms support for the settlement hierarchy and the site’s identification as having potential subject to further work. It concludes that the site has been assessed too negatively in parts of the Sustainability Appraisal and that scores should be revised to reflect the methodology and evidence before the Regulation 19 stage.