Harrogate council to pay Leon developer £25,000 in appeal costs

Harrogate Borough Council has agreed to pay developers behind a planned Leon drive-thru on Wetherby Road £25,000 for appeal costs.

The authority had been in discussions with Blackburn-based Euro Garages after it took the council to appeal over its decision to refuse the proposal.

In July 2021, a government planning inspector granted permission for the new drive-thru, which was initially proposed to be a Starbucks.

Helen Hockenhull, the inspector who approved the plan, awarded costs against the council after it “demonstrated unreasonable behaviour”.

A spokesperson for the council confirmed that it had agreed to pay Euro Garages £25,000 as part of the appeal cost.

The spokesman said:

“Officer recommendations are always taken with a balanced approach and are based on careful consideration of a wide range of issues, including local and national planning policy, case law, consultation responses and anything else considered to be ‘material’ to the decision, including the comments of local residents.

“In this case, the officer recommendation of approval was overturned by the planning committee and permission was refused, which has led to an appeal by the applicant.

“The council lost at appeal as it was unable to substantiate the committee’s grounds for refusal. The planning committee was therefore found to have acted unreasonably in taking this decision and the council is required to pay costs to the sum of £25,000.”

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The council turned down the development back in 2019 on air quality and highways grounds, but later withdrew its objection and did not defend itself at the appeal hearing.

Speaking in May 2021, John Worthington, the council’s executive officer for development management, said officers could not stand successfully at appeal because their previous recommendation would “undermine” their case and that losing also risked legal costs of over £50,000.

The move forced residents fighting the proposal to defend the authority’s reasons for refusal themselves at the hearing.

Ms Hockenhull said she understood concerns from residents, but added that she was not convinced that the development would cause “significant harm”.

In a decision notice last year, she said:

“I recognise that my findings will be disappointing to the local residents and ward councillor who gave evidence at the hearing.

“However, based on the technical evidence before me and all that I have seen and heard, with the proposed mitigation measures secured by planning conditions, I am not persuaded that the development would cause significant harm.”

Flaxby parish council calls for government to reject eco-homes

Parish councillors in Flaxby have called on the government to refuse a proposal for a nine-home eco-development in the village.

Holmes Planning Ltd has appealed a decision by Harrogate Borough Council to refuse the development off York Road.

It would have seen houses built to environmental standards and include solar panels, air-source heat pumps and super-tight insulation. The houses were planned to be custom built.

Following refusal by the authority, the developer took the decision to the government’s Planning Inspectorate.

However, in a letter to the government, Goldsborough and Flaxby Parish Council said the previous reasons for refusal still stand.

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It added that a lack of custom build homes in the district was “simply not enough of a justification to permit the building of nine individual self-build houses on the land in question”.

The letter said:

“We are parish councillors, ordinary people with neither the skills nor the knowledge to quote such housing policies inside out, simply representing the residents of Flaxby, whose homes and lives would be detrimentally affected should this planning appeal be approved.”

But, in documents submitted for the challenge, the developer argued that there were not enough custom build developments in the district.

It said:

“The appellant submits that the custom self-build deficit is so severe, and likely to get worse, that this material consideration outweighs any departure from the Harrogate District Local Plan and that the appeal site is suitable for custom self-build and the appeal, if allowed, would be secured for custom self-build through the Unilateral Undertaking.”

A government planning inspector will make a decision on the plan at a later date.

Government rejects plan for new townhouses in Ripon

The government has rejected plans to build new townhouses and apartments in Ripon city centre.

Spinksburn Ltd had tabled a plan in November 2019 to build four apartments and four townhouses on land off North Street in the city.

The site, which used to be retail units, was demolished to make way for Marshall Way and has remained undeveloped since.

The work include the partial removal of buttress on a Grade-II listed building to join the two buildings.

However, the developer lodged an appeal in August 2021 to the government’s Planning Inspectorate after Harrogate Borough Council had failed to make a decision on the proposal two years later.

In a letter written by the developer’s lawyer said:

“Our client has therefore instructed us to submit the appeals for non-determination because the council does not appear to have the resources to be able to determine the applications and there appears to be no end in sight.

“My client is extremely concerned that determination of the applications is being allowed to drift and there are no means by which to secure the determination of the applications besides the appeal process if the council does not have the necessary resources.”

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However, Fiona Cullen, the planning inspector who oversaw the appeal, has decided to reject the proposal.

In a decision notice, Ms Cullen said she was “unable not conclude” that the proposal “would preserve the special interest of the listed building”.

She said:

“I am mindful of the key role played by the delivery of housing in achieving sustainable development and recognise the Government’s objectives to boost the housing supply and grow the economy. I also note the framework’s support for housing and the efficient use of land.

“However, the framework is clear in stating that heritage assets are an irreplaceable resource, and should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations.”

Ms Cullen added:

“Whilst there are considerations that weigh in favour of the proposal, in my judgement, they are not sufficient to outweigh the harm I have found.”

Developer appeals Knaresborough 170-homes refusal

A developer has appealed a council decision to reject plans for 170 homes in Knaresborough after seeing the proposal twice refused.

Landowner Geoffrey Holland’s application would have seen homes built on Water Lane in the town.

However, Harrogate Borough Council rejected the latest proposal after planning officers said the scheme had a number of “fundamental” issues.

Proposals for 218 homes near Meadowside Academy were first rejected by the borough council’s planning committee in October 2019.

Mr Holland then scaled back house numbers for the scheme to 170 in his second push for approval, but saw this turned down in August last year.

Now, the developer has taken the decision to the government’s Planning Inspectorate.

‘No demonstrable adverse impacts’

In a statement of case, Cunnane Town Planning, which has lodged the appeal on behalf of Mr Holland, said there were “no significant or demonstrable adverse impacts that would arise as a consequence of the development”.

However, Kate Broadbank, the council’s planning officer, told the meeting in August 2021 that the scheme had a number of issues to resolve.

She said:

“One of the site allocation requirements is the provision of a circular recreation route – and this has been provided around the edge of the site.

“However, it is considered to be unsatisfactory, as it is a narrow path between the site boundary and side elevations of dwellings, meaning it is not very well overlooked and would not provide a safe, attractive route.

“The same situation occurred around the open space and children’s play area where houses backed onto this.

“The applicant has tried to overcome this by turning some houses around to face onto the path and play area, however, this has led to an issue with rear gardens now backing onto the streets.

“On the whole, the scheme is considered to lack character or a sense of place.”

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The site is allocated for more than 148 homes in the Harrogate District Local Plan 2014-2035, which outlines development in the district until 2035. This means development will happen once councillors are satisfied with detailed plans.

The latest proposals included a mix of one and two-bedroom apartments, as well as two, three and four-bedroom houses.

A total of 81 of these properties would have been classed as affordable.

More than 80 residents had lodged objections against the plans, which did not receive a single letter of support.

Developer appeals Boroughbridge 260 homes refusal

Developers have lodged an appeal over a council decision to refuse 260 homes in Boroughbridge.

Barrat and David Wilson Homes already has outline approval as part of the first phase of a larger 450-home development at Stump Cross.

However, councillors rejected the scheme back in June over concerns that it “crammed as many houses in as possible” into an area.

One councillor, Cllr Nigel Simms, a Conservative who represents Masham and Kirkby Malzeard, described it as “like a sink development from Lancashire, not something that we should be having in North Yorkshire”.

Cllr Simms later apologised for any offence caused by his comment.

Now, developers have submitted an appeal over the decision to the government’s Planning Inspectorate.

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This proposal forms part of the first phase of housing at the Boroughbridge site.

Barratt and David Wilson Homes already have outline approval to build on the site and are seeking final permission. 

In documents submitted to Harrogate Borough Council, the developers said:

“The development will respect Boroughbridge’s local character but also move the area towards a more sustainable future, through a significant increase in housing choice and mixed-use approach.”

A government planning inspector will make a decision on the appeal at a later date.

Harrogate council ‘demonstrated unreasonable behaviour’ over Starbucks rejection, says inspector

Harrogate Borough Council “demonstrated unreasonable behaviour” in rejecting a Starbucks drive-thru on Wetherby Road, according to a government planning inspector.

Helen Hockenhull, who oversaw an appeal by developer Euro Garages in June, approved the development for the former 1st Dental Surgery site on Friday.

She also awarded full costs for the hearing against the council.

The council turned down the development back in 2019 on air quality and highways grounds, but later withdrew its objection.

The move forced residents fighting the proposal to defend the authority’s reasons for refusal at the hearing.

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In a decision notice, Ms Hockenhull said:

“The council have not provided any evidence to support their position. 

“The reasons for refusal in relation to highways and air quality amount to persistence in objections in respect of matters which an inspector has already found to be acceptable. 

“I accept that members would have local knowledge of the area and the junction and many members would have personal experience of traffic issues in this location. However, it was unreasonable to persist with such objections, particularly as the floor area of the proposal had been significantly reduced.

“Given the above, I find that the council has demonstrated unreasonable behaviour which has resulted in the applicant incurring unnecessary cost in the appeal process. A full award of costs is justified.”

In response the inspector’s comments, a council spokesman said:

“Officer recommendation of approval was carefully considered against a wide range of issues, including local and national planning policy, case law, consultation responses and anything else considered to be ‘material’ to the application.

“This recommendation was overturned by the planning committee and permission was refused, which led to a successful appeal by the applicant.

“An agreement on costs has not yet been reached.”

The proposed layout of the Starbucks site on Wetherby Road as submitted to Harrogate Borough Council. Picture: Euro Garages.

The proposed layout of the Starbucks site on Wetherby Road, as submitted to Harrogate Borough Council. Picture: Euro Garages.

A spokesperson for Euro Garages said:

“We are delighted to have received planning permission and we are very pleased with the inspector’s decision.

“This development will help to create up to 20 local jobs for the area.”

‘Angry’ and ‘astounded’

The move to approve the development came despite concerns from local residents over traffic and air quality.

Residents at the appeal warned that the road was already at “breaking point” and that such a development would adversely affect those living next door.

Ms Hockenhull said she recognised her findings would be “disappointing” to local people, but added that she was “not persuaded that the development would cause significant harm”.

Cllr Pat Marsh, who represents the area on the borough council, said she was left “anrgy” and “astounded” following the decision.

She said:

“Many people throughout Harrogate will be outraged by this. It is not an appropriate place to put a drive-thru.

“I cannot understand how they have come to this decision. I felt all our arguments had great strength to them.

“The residents could not have done better to put forward their arguments.”

Harrogate congestion at ‘breaking point’ even without Starbucks, say residents

Congestion in Harrogate is already at “breaking point” even without a drive-thru Starbucks, a planning appeal hearing was told today.

Residents fighting a proposed Starbucks drive-thru on Wetherby Road told a government planning inspector that the road already had traffic problems without the development.

The hearing, which was held online, was opened by planning inspector Helen Hockenhull this morning.

Representatives from Euro Garages, which has proposed the development on the former 1st Dental surgery site, also appeared at the hearing

Harrogate Borough Council withdrew its objection to the proposal after council officers said the authority’s previous recommendation would “undermine” their case.

It means that residents on Wetherby Road have been left to defend the council’s refusal of the development at the hearing.

Congestion is at ‘breaking point’

Mark Hinchliffe, who has lived in Harrogate for 20 years, told the appeal hearing that the road was already dangerous without the development.

He added that the junction was the busiest in the town.

Mr Hinchliffe said:

“That junction is the busiest road into town, it is also the the busiest road out.

“You have the traffic from the conference centre, the showground and the petrol station.”

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Mr Hinchliffe described the traffic on the road as a “major issue” and at “breaking point” even without a new drive-thru coffee shop.

“Regardless of Starbucks arriving, it is already a major issue. It has got worse over the last 10 years. It’s at breaking point.”

Meanwhile, Joe Shields, who also lives on Wetherby Road, pointed out that the road has a number of different vehicles using it every day, including commercial lorries.

He added that cars also “hurtle” along the road when merging into one lane after the Woodlands junction.

The proposed layout of the Starbucks site on Wetherby Road as submitted to Harrogate Borough Council. Picture: Euro Garages.

The proposed layout of the Starbucks site on Wetherby Road as submitted to Harrogate Borough Council. Picture: Euro Garages.

Residents also raised concern over the proposed right turn into the site, which they said would also be a safety issue.

Meanwhile, Gavin Snowball, speaking on transport issues on behalf of Euro Garages, said any queuing caused by the development would be “negligible”.

When asked about the number of cars trying to merge after the Woodlands junction, Mr Snowball said the merge complied with highways standards.

He said:

“There is nothing in the data that would show that there is a pre-existing issue [with the merge].”

Mr Snowball added that the developer would improve access to the site as much as possible and make sure that the entrance to the site was away from the traffic lights.

He said:

“Throughout this process it remains consistent, we would seek to improve access to the site as much as possible by relocating the access away from the traffic control system.”

Ms Hockenhull said she intends to visit the site before making a decision, which will be made at a later date.

A1 service station decision ‘flies in the face of localism’, say campaigners

Campaigners in Kirby Hill have said a government decision to approve a motorway service station on the A1 “flies in the face of localism”.

Gareth Owens, chair of Kirby Hill Residents Against Motorway Services, said the approval by planning inspector David Rose reversed 25 years worth of rejection by central government.

The proposal was submitted by Dublin-based company Applegreen and went to its latest public inquiry in February, which lasted for two weeks.

Mr Rose gave approval to the plan yesterday, which will see the service station built on the A1 northbound between junctions 48 and 49.

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In a saga that has spanned a quarter of a century, the application has been before multiple council planning committees, faced four public inquiries and been turned down twice by the Secretary of State and the High Court.

Now, the plan has been given the go ahead after Mr Rose decided the benefits of the proposal outweighed the harm.

Gareth Owens, chair of the Kirby Hill RAMS, speaking against the application at Harrogate Borough Council’s planning committee in 2019. Picture: Kirby Hill RAMS

Mr Owens described the decision as “disappointing” and added it had undone all the hard work by residents who have opposed the proposal over the years.

He said:

“We are disappointed as a community. 

“It flies in the face of localism that a man from central government can turn up and change the decision.

“The community has gone through a lot of effort to demonstrate that it is not an appropriate site for a motorway service station.”

In a decision notice yesterday, Mr Rose said after considering the evidence that the benefits of a service station would outweigh the harm.

He said:

“In summary, considerable weight attaches to the less than substantial harm relative to the identified designated heritage assets. 

“Loss of best and most versatile agricultural land is also a further negative factor of moderate weight. 

“However, individually, and cumulatively, the wider public benefit in meeting the demonstrable need for a motorway service area, for the safety and welfare of motorists, would outweigh that harm.”

The Kirby Hill RAMS group held a meeting last night to decide its response to the inspector’s decision.

Speaking to the Stray Ferret this month, Mr Owens said the group was prepared to continue to oppose the plan whatever the outcome of the appeal.

Government approves A1 service station after fourth appeal in 25 years

The government has approved a motorway service station on the A1 near Kirby Hill after 25 years of public inquiries and planning battles.

The proposal from Dublin-based company Applegreen will see the service station built between junctions 48 and 49 of the A1(M) northbound, between Boroughbridge and Ripon.

A filling station, hot and cold food outlets, a drive-through coffee shop will be built and 364 car parking spaces created.

However, a separate appeal from Moto Hospitality Ltd for a motorway service station on the A1 near Ripon has been rejected.

In a saga which has spanned a quarter of a century, Applegreen’s application has been before multiple council planning committees, faced four public inquiries and been turned down twice by the Secretary of State and the High Court.

Councillors on Harrogate Borough Council initially rejected the latest plan in 2019, but Applegreen took the decision to an appeal hearing, which was held in February.

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The inquiry, which was held by planning inspector David Rose and streamed onto YouTube, lasted two weeks and included multiple testimonies from residents, campaigners and developer Applegreen.

The motorway service station site, as proposed by Applegreen, on the A1 northbound near Kirby Hill.

The proposed motorway service station site on the A1 northbound near Kirby Hill.

In a decision notice today, Mr Rose said after considering the evidence that the benefits of a service station would outweigh the harm.

He said:

“In summary, considerable weight attaches to the less than substantial harm relative to the identified designated heritage assets. 

“Loss of best and most versatile agricultural land is also a further negative factor of moderate weight. 

“However, individually, and cumulatively, the wider public benefit in meeting the demonstrable need for a motorway service area, for the safety and welfare of motorists, would outweigh that harm.”

Speaking to the Stray Ferret earlier this month, Gareth Owens, chair of the Kirby Hill Residents Against Motorway Services, said the group was prepared to continue to oppose the plan whatever the outcome of the appeal.

 

Decision to refuse 46 homes in Killinghall overturned on appeal

Almost 50 new homes will be built on the edge of Killinghall after the government’s Planning Inspectorate overturned a decision by Harrogate Borough Council to refuse the plans.

In October 2018, HBC’s planning committee rejected the application from Linden Homes because it said the development would harm the appearance of the area and that residents will be forced to use their cars because of a lack of more sustainable options.

The council had also warned that trees covered by tree preservation orders (TPO) may have to be removed due to their proximity to some of the proposed 46 homes.

The homes will be built opposite Pharmall animal food store on Otley Road, close to the junction of the A59 and B6161. The site is not designated for development within HBC’s Local Plan.

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Killinghall is one of Harrogate’s main pressure points for new housing and land to the north and east of the site has planning permission for around 345 homes.

However, inspector John Dowsett disagreed with the conclusions of HBC’s planners and said the Linden Homes development “should be perceived as an extension” to an already built-up area on the edge of town.

He added that the homes would not harm the appearance of the area because the existing field is the result of a nineteenth-century division of a larger field and “does not reflect the original, historic, field layout”.

Mr Dowsett also dismissed concerns that any trees with TPOs would have to be removed.