Harrogate council says it can’t take action on complaints of ‘poisonous’ construction dust in Kingsley area

Fed-up residents living in one of Harrogate’s busiest areas for new housing have called a ban on open-top construction lorries – but the council says it has no powers to take action.

After years of disruptions from the building of 700 new homes, Kingsley residents last night called on Harrogate Borough Council to only allow sealed wagons in and out of the area, which has rapidly expanded in size and will continue to do so for years to come.

John Hansard, a member of Kingsley Ward Action Group, told a full council meeting that the authority had an obligation to protect residents from harm and that this has “fallen very far short of acceptable levels”.

He said:

“We are simply requesting that we are no longer poisoned by harmful and dangerous construction waste.”

However, Cllr Tim Myatt, cabinet member for planning at the council, said the authority did not have evidence that the dust was toxic and that a ban on open-top lorries could not be enforced.

He said: 

“It is a highly unusual practice to require sealed containers to transport items to and from development sites.

“This can not be retrospectively imposed as a planning condition and neither residents or members of the planning committee asked for this to be conditioned at the time of the application.

“Further, the local highways authority has informed the borough council that they would not be able to mandate the use of sealed containers.

“They believe the use of such can only be required for certain processes such as the removal of radioactive material and asbestos.”

Cllr Myatt also said housing developers had repeated their offer to clean roads and pavements in the area, but this was “vociferously opposed” by residents.

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Construction work in Kingsley began in 2019 and residents have long complained that not enough has been done to minimise disruptions to their daily lives.

There have also been complaints that improvements to roads, public transport, health services and community facilities have not kept up with the level of new housing in the area.

Around 700 new homes are already built or under construction, with hundreds more in the pipeline.

Mr Hansard told yesterday’s meeting that without action from the council, residents would continue to be left to “suffer the consequences”.

He said: 

“These wagons have continually polluted Kingsley Road over a three year period, causing potential long-term serious illness for residents.

“We reluctantly understand that the road has to be used for access to the construction sites, but this must not be at the risk to the health of residents.”

Man guilty of indecent exposure at Harrogate library

A Knaresborough man has admitted committing indecent exposure at Harrogate library.

Billy Wood, 30, of Windsor Lane, pleaded guilty to the offence when he appeared before magistrates in York on Saturday.

The incident took place on July 15 this year.

Wood also admitted indecent exposure on Kingsley Drive in Harrogate on Thursday last week.

He pleaded guilty to a third charge of possessing cannabis at Harrogate police station, also on Thursday last week.

Wood was bailed until September 9, when he is due to appear before Harrogate magistrates after a pre-sentence report is prepared.

His bail conditions stipulated that he is electronically tagged and subject to a curfew at home between 9pm and 6am daily.

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Badgers delay approval of 133 homes at Kingsley Road

Final approval for 133 homes on Kingsley Road in Harrogate has been delayed whilst more badger surveys are undertaken in the area.

Redrow Homes won outline planning permission to build the development on appeal in August 2020 after it was initially refused by Harrogate Borough Council.

As part of the application, the developer submitted two ecology studies that found there were four badger setts in the area but only one or two were still actively used.

A previous ecological study undertaken in 2019 by a different developer found no evidence of badgers.

Members of Kingsley Ward Action Group (KWAG) bought a trail cam, which is a camera that is left outside and captures the movement of animals.

They claim their investigation found evidence of 11 badger setts, six of which are still active.

Badger activity

Badgers and their setts are protected by law.

Developers must have a licence from Natural England to remove or modify a badger sett.

This afternoon, councillors on the council’s planning committee met to discuss a reserved matters application that dealt with the appearance and layout of the homes.

However, the four-legged mammals dominated the debate.

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To the north of the proposed site are train tracks owned by Network Rail.

Dan McAndrew, the council’s principal ecologist, said most of the badger setts are more than 30m away from the site on land owned by the rail body.

Mr McAndrew said he was satisfied the developer had put measures in place to protect the badgers.

He said:

“Badgers actually do well in urban fringe areas, they are able to adapt to those conditions. The key issue is, where are the setts located and can they be maintained?

“The main sett will not be affected and will be left in place.”

However, John Hansard from KWAG said his group’s badger surveys were at odds with the developer’s surveys. He criticised the 2019 survey.

He said:

“If you know what you’re looking for, signs of badger activity were plentiful, clear and unmissable, so why were they missed or ignored?”

‘Somebody has got to speak for the badgers’

Both Sue Lumby, Conservative member for Coppice Valley, and Victoria Oldham, Conservative member for Washburn, cast doubt on the developer’s claims that badgers would not be harmed by the development.

Cllr Lumby said:

“Somebody has got to speak for the badgers and that’s what we are trying to do.

“This population of badgers would have lived here for generations. I’m very, very concerned why the 2019 survey didn’t find any badgers.”

Cllr Oldham added:

“On the assumption you do get licence from Natural England, what mitigation are you prepared to offer for remaining badgers to forage? You are going to put tarmac, concrete where they like to dig for worms, for setts. What are you offering? What wildlife enhancement will there be on this estate?”

In response, Mike Ashworth, on behalf of Redrow Homes, said

“A significant area of site will be undeveloped and landscaped, 30% of the site, a lot more than a normal housing estate. In there you’d have a combination of planting of trees, wildflower, shrubs.”

An unimpressed Cllr Oldham responded:

“Badgers don’t eat pretty flowers, they like to eat worms.”

Further surveys

Mr Ashworth revealed the developer received permission from Network Rail last week to survey the land above the site for badgers.

After councillors rejected the council’s recommendation to approve the scheme, committee chair Cllr John Mann proposed deferment pending the publication of the badger survey, which councillors agreed to unanimously.

Transport assessment for 181 homes at Kingsley Drive ‘fundamentally flawed’

A transport assessment that suggests Persimmon Homes’ 181-home development on Kingsley Drive will not significantly increase traffic in the area has been called ‘fundamentally flawed’ by a Harrogate building surveyor.

The housebuilder submitted its latest proposal for the site this month after a larger development for 217 homes was rejected by councillors last year.

Persimmon commissioned transport consultant Bryan G Hall to undertake a transport assessment to assess how the homes would impact nearby roads.

At over 500 pages long, his report includes measurements, surveys and conclusions about traffic in the area.

It found the impact of the extra homes on local roads would not be ‘severe’.

The report concluded:

“The residual cumulative impact of the proposed residential development on the road network cannot be considered to be ‘severe’ and there are therefore no traffic or highways related reasons why planning permission should not be granted for this site.”

Visuals of the Persimmon Home plan for homes on Kingsley Drive.

Visuals of the Persimmon Homes plan for Kingsley Drive.

However, Steve Marshall, owner of surveyors Airedale Surveys and a member of Kingsley Ward Action Group, spent five days reviewing the document, which he called on the council to reject.

Mr Marshall said this was because one of the traffic surveys took place when part of Kingsley Drive was closed due to roadworks.

He also said the report ignored how the extra homes will impact the nearby Empress roundabout.

Disputed surveys

Mr Marshall disputed a claim in the report that Rydal Road, Birstwith Road and Leyland Road, which all have junctions with Kingsley Drive and Knaresborough Road, were not being used as ‘rat runs’.

North Yorkshire County Council, which is in charge of roads in the district, had specifically asked Persimmon to look at the rat run issue in the transport assessment, as well as how fast vehicles were travelling on the three roads.

Persimmon undertook traffic surveys on the roads from July 31 to August 6 2020 but Mr Marshall said this took place when part of Kingsley Drive was closed.

“The bottom half of Kingsley Drive was shut due to road works during the whole period of the survey. This means no one had access to the three surveyed roads along the rat run route.”

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Mr Marshall criticised the report for not taking into account trips generated at two nearby housing developments of 165 homes.

He also said the surveys did not factor in how the homes would impact the Empress roundabout and the Granby Road/Skipton Road junction during rush hour.

Mr Marshall wrote:

“This roundabout causes massive queues at rush hour despite Harrogate Borough Council’s Transport Background Paper of August 2018 saying it is not a problem junction.

“There cannot be any justification for allowing this development as it stands if one of the key assessments and the subject uppermost in the minds of local residents, ie the traffic assessment, is fundamentally flawed.”

Persimmon’s response

In February, representatives from Persimmon, as well as highways consultant Geoff Bowman from Bryan G Hall, fielded questions from residents in Starbeck about the plans, which included the transport assessment.

Residents queried Mr Bowman about the traffic surveys and suggested they did not give an accurate picture of how many cars use the area.

Mr Bowman said:

“There has been very extensive surveys of traffic in the area. There is a perception that we are nasty developers and it’s dead easy to get through planning, but the highways authority are rigorous.”

The Stray Ferret asked Persimmon Homes for a response but we had not received one by the time of publication.

Developer submits 181-home Kingsley Drive plan

A developer has lodged revised plans for 181 homes on Kingsley Drive after previous a previous proposal was rejected.

Persimmon Homes has lodged the fresh plan after Harrogate Borough Council rejected a development for 217 homes on the site back in August.

It is the third time that the developer has submitted a proposal at the location, which used to form part of Kingsley Farm.

The Kingsley ward area will eventually see more than 600 homes built, including developments at Granby Farm and 149 homes on Kingsley Road.

The new application would see a mixture of one, two, three and four bedroom properties built.

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Persimmon have also allocated 72 homes on the site for affordable housing.

The developer said in its documents submitted to the council that the scheme would help to “create a sustainable and mixed community”.

Residents will ‘fight tooth and nail’ to stop development

Last month, 100 residents packed into St Andrew’s Church in Starbeck for a meeting on the proposed scheme.

Three Persimmon employees attended, as did two highways consultants and a planning consultant, Paul Butler, who spoke on behalf of the developer.

(Left to right) Paul Butler (PB Planning), Graham Whiteford (Persimmon), Josh Popely (Persimmon), Cllr Philip Broadbank, Catherine Maguire (KWAG) and Chris Watt (Starbeck Residents’ Association)

Mr Butler told residents that the site is allocated for development in the Harrogate district Local Plan, a council document that outlines where new housing schemes can be built until 2034.

However, John Hansard, from Kingsley Ward Action Group, said residents “will fight tooth and nail” to stop it from happening.

He said:

“People lived here for decades and have had this beautiful view, how do you think they will feel [when it’s gone]?”

Harrogate Borough Council will make a decision on the plan at a later date.

Developer remains ‘fully committed’ to Kingsley Drive homes

A developer behind a controversial proposal to build 217 homes in Harrogate has said it “remains fully committed” to the site.

Persimmon Homes saw its plan for Kingsley Drive rejected by Harrogate Borough Council last month.

Residents lodged 388 objections to the scheme and offered none in favour.

The Stray Ferret asked Persimmon whether it intended to appeal the application or submit fresh proposals for Kingsley Drive.

A spokesperson said:

“We remain fully committed to the Kingsley Drive site and are still considering our options.”

Residents ‘remain vigilant’

The Kingsley ward area will eventually see more than 600 homes built, including developments at Granby Farm and 149 homes on Kingsley Road.

Persimmon’s plan to build 217 homes was rejected by councillors after authority officials said the application was “not considered acceptable”.

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The site is allocated for housing under the council’s Harrogate district Local Plan 2014-35, which outlines development in the district until 2035.

But although the principle of development has been established, council officers had concerns about overdevelopment and inadequate information on surface water drainage and noise.

Authority officials also said in a report that the number of homes on the site was above the 173 allocated in the local plan.

John Hansard, who lives in the area, previously told the Stray Ferret that residents were aware that the plan could come back following last month’s rejection.

He said:

“It was a good result and I am pleased about that. It does give us a bit of breathing space.

“My only concern is that they [the developer] will appeal. I think that we need to look into that.

“I think we need to remain vigilant.”

Persimmon Homes ‘assessing options’ after 217 homes in Harrogate refused

Persimmon Homes has said it is considering its options after being refused a controversial 217-home development in Harrogate.

The developer had lodged plans for the new homes on land off Kingsley Drive.

However, councillors rejected the plan on Tuesday after Harrogate Borough Council officials said the development was “not considered acceptable”.

The land is earmarked for development in the Harrogate district Local Plan 2014-35, which outlines planned development in the district until 2035.

The Stray Ferret asked the developer what it intended to do with the proposal following the rejection.

A spokesperson for Persimmon Homes Yorkshire said the business was currently assessing all options but that it was too early to confirm anything yet.

Residents on Kingsley Drive said that they will keep an eye on the proposal after another developer, Richborough Estates, successfully appealed a decision to refuse 149-homes on nearby Kingsley Road in March.

Requests for delay

At the meeting on Tuesday, Paul Butler, agent for the developer, requested that councillors defer the application so that the council and Persimmon could work on the design and layout of the scheme.

Mr Butler said: 

“I want to make it absolutely clear that we very much want to work with the council and local residents.

“The site is allocated for housing and those further proposals and applications will always be forthcoming. The key from here is ensuring those details are right.

“When it comes to these details – specifically design, layout, highways and drainage matters – we have got the message loud and clear; we need to make improvements.”

However, council officers said the scheme had gone through “a number of versions” and it was still not acceptable.

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Concern was also raised that the development would result in more homes on the site than allocated in the Local Plan, if it had been approved.

Nigel Middlemass, the Conservative councillor for Harrogate Kingsley, told the committee that the development had not been thought through.

Councillors voted to unanimously refuse the application.

Residents on Kingsley Drive who objected to a 217 home plan next to their homes.

Residents on Kingsley Drive who objected to a 217 home plan in the area.

Residents remain vigilant

The Kingsley ward area will eventually see more than 600 homes built, including developments at Granby Farm and 149 homes on Kingsley Road.

The number of developments has raised concern among residents that the area is overdeveloped and that the road infrastructure cannot cope with construction traffic.

However, following the refusal of Persimmon’s plan, locals said it was a “good result” for the Kingsley ward.

But, John Hansard, who lives in the area, told the Stray Ferret that residents would “remain vigilant” in case the proposal returns.

He said:

“It was a good result and I am pleased about that. It does give us a bit of breathing space.

“My only concern is that they [the developer] will appeal. I think that we need to look into that.

“I think we need to remain vigilant.”

Kingsley Drive residents to ‘remain vigilant’ despite 217-home rejection

Residents on Harrogate’s Kingsley Drive say they will “remain vigilant” despite a controversial 217 home plan in the area being rejected.

Councillors on Harrogate Borough Council’s planning committee unanimously voted to refuse the proposal from Persimmon Homes yesterday after council officers said it was unacceptable.

The council received 388 objections to the scheme and no responses in favour.

The Kingsley ward area will eventually see more than 600 homes built, including developments at Granby Farm and 149 homes on Kingsley Road.

However, despite the refusal, residents have said they intend to keep an eye on the proposal in case it is appealed.

The proposed layout of the homes on Kingsley Drive as submitted by developer Persimmon Homes.

The proposed layout of the homes on Kingsley Drive as submitted by developer Persimmon Homes.

John Hansard, who lives in the area, told the Stray Ferret that the refusal was a “good result” but added that locals were well aware that the plan could come back.

Mr Hansard pointed to the Planning Inspectorate’s decision to approve 149 homes on Kingsley Road back in March, despite the borough council refusing the plan, as an example.

He said:

“It was a good result and I am pleased about that. It does give us a bit of breathing space.

“My only concern is that they [the developer] will appeal. I think that we need to look into that.

“I think we need to remain vigilant.”

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Meanwhile, Catherine Maguire, another resident on Kingsley Drive, said the result left her with mixed emotions.

She said the news was “positive” for the area, but added that there was further to go in opposing the scheme.

Ms Maguire said:

“It’s good to have some positive news, but I have mixed emotions and there is a long road ahead.

“You never know what a planning inspector will say. But I feel more confident this time, because there are too many issues with the site.”

Chris Watt, who spoke on behalf of Kingsley Ward Action Group at the meeting, said he was delighted that councillors sided with residents.

He told the Stray Ferret:

“I’m delighted that councillors listened to local residents and rejected this terrible proposal.

“The area is already suffering from heavy construction traffic from early in the morning and another massive housing project in an already over developed area would only make matters worse and add to congestion and pollution.

“It was telling how scathing councillors were about the proposals and it shows the power that local people can have.”

Officer and councillor concerns

Ahead of refusing the proposal, council officers said the application was “not considered acceptable”.

Although the site is allocated for housing under the council’s Harrogate district Local Plan 2014-35, which outlines development in the district until 2035, officers had concerns about overdevelopment and inadequate information on surface water drainage and noise.

Authority officials also said in a report that the number of homes on the site was above the 173 allocated in the local plan.

The application, when combined with the nearby Stonebridge Homes development, would have seen a total of 313 houses built if it had been approved.

Meanwhile, Cllr Nigel Middlemass, ward member for Kinglsey, told the council’s planning committee that the development had not been thought through.

He said:

“This is the biggest and worst thought out [housing site] in the area. It is far too intensive and well above the numbers in the local plan.”

Paul Butler, agent for Persimmon Homes, requested that the committee defer the application so that the council and developer could work on the design and layout of the scheme.

However, the council’s planning committee voted unanimously to reject the scheme.

Council rejects controversial plan for 217 homes on Kingsley Drive

Harrogate borough councillors have rejected a controversial scheme for 217 homes on Kingsley Drive.

The council received 388 objections to the scheme and no responses in favour.

The current application, submitted by Persimmon Homes, has seen the number of properties planned on the site reduced from 244 to 217.

But Harrogate Borough Council planning officers said the proposal “was not considered acceptable”.

The Kingsley ward area will eventually see more than 600 homes built, including developments at Granby Farm and 149 homes on Kingsley Road.

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However, residents have raised a number of concerns over Persimmon’s plan, including overdevelopment and traffic congestion.

Chris Watt, speaking on behalf of Kingsley Ward Action Group, said the traffic caused by the homes would make congestion worse in the area.

He said:

“As we have already seen from current developments taking place, our local roads are not designed for construction traffic.

“Congestion on Knaresborough Road is already bad and this would only be made worse by the number of houses proposed for this site.”

Meanwhile, Cllr Nigel Middlemass, ward member for Kinglsey, told the committee that the development had not been thought through.

He said:

“This is the biggest and worst thought out [housing site] in the area. It is far too intensive and well above the numbers in the local plan.”

Paul Butler, agent for Persimmon Homes, requested that the committee defer the application so that the council and developer could work on the design and layout of the scheme.

However, the council’s planning committee voted unanimously to reject the scheme.

Controversial plan for 217 homes on Harrogate’s Kingsley Drive set for refusal

A controversial plan to build 217 homes on Kingsley Drive in Harrogate has been recommended for refusal.

Harrogate Borough Council‘s planning committee will make a decision on Tuesday next week. But council officers have recommended the scheme be rejected.

The council received 388 objections to the scheme and no responses in favour.

The current application, submitted by Persimmon Homes, has seen the number of properties planned on the site reduced from 244 to 217.

The Kingsley ward area will eventually see more than 600 homes built, including developments at Granby Farm and 149 homes on Kingsley Road.

However, residents have raised a number of concerns over Persimmon’s plan, including overdevelopment and traffic congestion.

Officer concerns

Council officers have recommended that councillors on the committee reject the application next week.

Although the site is allocated for housing under the council’s Harrogate district Local Plan 2014-35, which outlines development in the district until 2035, officers have concerns about overdevelopment and inadequate information on surface water drainage and noise.

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Under the plans, a total of 86 homes would be allocated as affordable housing with the rest being market value homes.

It would see a mixture of one, two, three and four-bedroom homes built.

But an officer report due before councillors says:

“Although overall [the plan] would contribute towards maintaining housing supply within the district, the density of the development and its scale and layout would result in overdevelopment of the site.

“The quantum of dwellings, their resultant layout, extent of frontage parking, private drives and lack of adequate cycle parking along with inappropriate drainage arrangements, inadequate air quality and noise assessments and lack of a number of documents are such that the proposal is clearly contrary to the terms of the development plan.”

The council added that the planned number of homes for the site was 173. The current application, when combined with the nearby Stonebridge Homes development, would see a total of 313 houses built if it was approved.

In a planning statement submitted to the council last month, Persimmon Homes said it had sought to address the authority’s concerns and had completed a “comprehensive re-assessment of the scheme”.

It said of the reduction to 217 homes:

“These changes were necessary to accommodate the level of open space, landscaping and space between dwellings so as to create an effective and coherent urban realm.”

“Nightmare” development

One of the residents who objected to the development was John Hansard, of the Kingsley Ward Action Group.

In a letter to the borough council, Mr Hansard said the area would not be able to cope with another development.

He said:

“We now find ourselves faced with the nightmare of a possible fifth development of another 217 houses from Persimmon. 

“This, in an area which simply does not have the infrastructure, road network, amenities, schools to cope with at least another possible 1,000 extra residents and another possible 500 cars. We have had enough and wish this urban sprawl to stop.”

Another resident, Anthony Buck, told the council that the development would “take away our last remaining open space”.

Sarah Knapper, a resident of Kingsley Park, said:

“This area of Harrogate has already been grossly overdeveloped. 

“This has led to a huge increase traffic and pollution. It has led to a loss of habitat for wildlife and reduction in the quality of life for local residents. The local road infrastructure is already overwhelmed.”

Traffic congestion

Hundreds of residents raised concerns that traffic caused by the development would lead to problems.

They said that the Kingsley area does not have the infrastructure to cope with more cars and that another development would cause congestion issues on nearby Knaresborough Road.

Kingsley lorries

A lorry collided with a car in the Kingsley area this year. There are also concerns about the volume of traffic.

In May, residents called for urgent road safety action after a lorry hit a car in the area.

In an email to the county council, residents said they had “repeatedly” said Kingsley Road was not suitable for construction traffic.

They also objected to a one-way system proposed by developers Persimmon, which would stop traffic entering Kingsley Drive or Wreaks Road from Kingsley Road.

Mr Hansard added in his letter of objection:

“The road network is not capable of supporting the extra number of vehicles likely to impinge on our daily life.”