A council has been urged to take legal action against a developer for cutting down protected trees without permission to make way for an "exclusive" house in Melbourne.

During a South Derbyshire District Council meeting last week (May 27), councillors unanimously rejected plans from Fontenay Ltd for changes to a three-bed house to the rear of 21 Market Place.

Fontenay, registered to an accountancy firm in Loughborough, wanted to change the location of a home approved by the council in 2023, increase the size, and move it to the centre of the plot from the previously granted eastern side.

This would increase the home from a three-bed to a four-bed house, with signs on the site marketing it as "exclusive".

Council papers say "unauthorised construction" started on the site in 2024, which was stopped by planning enforcement officers.

This was work which had started before planning conditions that needed to be cleared had been agreed.

It had included the felling of some trees – more than those which had been approved under the planning permission, and which were legally protected – along with foundations, the base slab for the home and a retaining wall.

Council papers said the applied-for changes aimed to replant four trees.

They detail: "There is no escaping that the removal of trees has resulted in a significant loss in habitat units within the site and this will need to be offset by the applicant. 

"The details and commitment for how this will be achieved have not yet been established, although it is most likely that this would need to be achieved through an off-site solution with considerable expense to the developer.

"It is regrettable that the four additional trees and two tree groups have been lost without the appropriate notifications having been followed."

Melbourne Civic Society had detailed that 25 of the trees on the site were protected and 16 were chopped down in October 2024.

It wrote: " It was apparent that the applicant wanted to maximise the value of his building plot with no obstructions like trees.

"The 25 trees covered nearly all of the site but it would have been possible to fit a house in and keep the majority of the best trees.

"16 of the 25 protected trees were summarily felled, being all the trees on the part of the main site which the applicant intended for his house and garden."

It claims the developer intends to replace trees on the Melbourne plot with new ones in Chesterfield – 40 miles to the north.

A council report detailing the civic society's stance says: "We wrote to the district council chief executive in December proposing prosecution but this still has not happened.

"Rather than condone the twee peripheral landscaping in the present submission, the council should seek to serve a replanting order under the legislation in parallel to prosecuting for the illegal felling.

"Approving the variation without these two measures would only play into the developer's hands, proving once again the maxim 'fell now and apply later'."

An agent for the applicant told last week's meeting: "Our applicant is absolutely not seeking a reduction in tree protections or biodiversity.

"Yes, trees were felled, following a meeting with the tree officer who said some trees had ash dieback and were not in good health.

"The house is not centered, it has been moved slightly, away from the boundary."

Cllr Matthew Gotheridge said there needed to be some accountability for the actions taken by the developer without permission.

Cllr Andrew Kirke said: "It beggars belief really. Clearly they knew which trees they could remove and which ones they could not remove.

"This is the wilful destruction of protected trees and we should seek to have them replaced, and not with whips but with semi-mature trees.

"You can't ignore planning conditions without any real recourse. It sends the wrong message that if you are a developer you can just rip the trees out and go back to planning.

"We risk setting a dangerous precedent."

Cllr Amy Wheelton said what has already been built, primarily the retaining wall, is also in the root protection zone area around the protected trees which could cause further harm.

She said: "This council needs to start sending messages. I won't stand for it."

Cllr Dan Corbin said: "They are winding everyone in this chamber up and then asking for forgiveness. 

"They have just done what they wanted regardless of planning law. This irks me. This gets my back up."

Cllr Grahame Andrew said: "We can't be seen as a soft touch council and this is an opportunity to make a new start."

Cllr Steve Taylor said it was "disappointing" that the council's legal team had decided, so far, not to take any action.

Councillors were told that it would be the decision of Ardip Sandhu, the authority's legal officer, whether action is taken against the developer, if she felt it was right to do so in the public interest.