North Yorkshire Council is investigating an alleged breach of planning in a Harrogate field where 53 homes could be built.

North-east property developer Jomast has applied to build the homes off Knox Lane in Bilton. Councillors deferred the scheme for a third time this month amid concerns about land contamination.

Since then, the council has opened a probe into potential damage to trees within the tree preservation order.

The Stray Ferret has seen a letter from a council planning enforcement officer to a resident saying it is investigating and will provide a further update within 28 days.

When we approached the council about it, assistant director for planning Trevor Watson said:

“We can confirm that we are currently investigating a possible breach of planning regulations at that location.

“While that investigation is ongoing we will not be commenting further.”

The Knox scheme has received more than 300 objections amid concerns about its impact on a quiet corner of Bilton.

Sue Wrightson, of the Keep Knox Natural campaign group, which opposes the development, claimed field activity undertaken at the site this month did not conform with council guidelines on contaminated land.

Photos of the site

Dr Damian Bowen a toxicologist and local resident who has submitted a review of Jomast’s phase two contamination report, alleged the company had not addressed concerns raised about the reliability of its data.

In response to a request for comment on the council investigation, Stephen Courcier, planning consultant for the application at Jomast, said:

“We can confirm that the further site investigative works to the railway embankment took place over Thursday and Friday of last week.

“These further investigative works were specifically requested by the local planning authority.”

Read more:

• Council’s new dog poo policy causes a stink in Knox
• Controversial Knox Lane 53-homes plan deferred for third time

The Environment Agency is now carrying out two separate investigations following an oil spill in Sharow, near Ripon.

Last week, the agency announced that it would investigate the way in which soil and debris contaminated with heating oil was dumped on Back Lane.

Now, the clean-up operation is also being investigated, a week after 100 cubic metres of material was removed from the ancient thoroughfare.

James Thornborough, an international expert on oil spillages on land and water who lives in Sharow, told the Stray Ferret:

“Just about anything that could go wrong, did go wrong.”

He pointed out:

“People may look on this as an isolated incident in a small North Yorkshire village, but the ramifications are potentially enormous.”

Oil traces in standing water on Back Lane, Sharow (Photo: James Thornborough)

Mr Thornborough has advised some of the world’s largest oil companies on spills and incident management.

He, and environmental expert Simon Warwick who also lives in the village, witnessed and took photographs of contractors carrying out last Friday’s clean-up.

Mr Warwick, director of the Lower Ure Conservation Trust, who was awarded an MBE for his outstanding work in nature conservation, said a branch from an ancient oak was damaged in the process. He added:

“We will discover over time what longer-term damage may have been caused to natural habitats by the oil that seeped into the lane and the hedgerow.”

Read more:

• Dumping of contaminated soil in Sharow is under investigation
• Force ‘took its eye off the ball’ on Ripon policing

The contaminated soil and debris was originally dumped in Back Lane after being cleared from an adjacent property, where domestic heating oil had leaked from a large plastic tank.

Mr Thornborough said:

“It was not the fault of the property owners, who did all of the right things as soon as the leak was discovered.

“They were subsequently the victims of a botched clear-up.”

The Environment Agency previously told the Stray Ferret it was investigating the dumping of the contaminated soil to see whether any offences had been committed. It said it was seeking assurances from the company responsible that the situation would be put right as quickly as possible.

However, after further damage was done while the material was removed from Back Lane, Mr Thornborough said he had brought the situation to the attention of the Environment Agency’s chief executive, Sir James Bevan, adding:

“I believe that there are lessons to be learned all around – particularly the need for people with outside oil tanks for domestic heating to have them checked on a regular basis.

“If you consider the potential for a spillage like this to occur many times across the Harrogate district, the incident and the way it was handled takes on a different perspective.”

Oliver Harmar, EA area director for Yorkshire, responded to Mr Thornborough and said:

“I have asked Martin Christmas (area environment manager) to lead on this investigation and you will hear from him shortly.

“Be assured that we are taking this seriously.”