Thank you for your interest in this story
To continue reading this article, sign up today to unlock exclusive content and be part of our community discussions
- Exclusive discounts
- Enjoy commenting on local issues
Already a subscriber? Log in here.
29
Oct 2020
Harrogate councillors were 'legally obliged' to reconsider Flaxby site, High Court told
Harrogate Borough Council did not fulfil its legal obligation to fully consider Flaxby as a reasonable alternative to Green Hammerton as the site of a major new settlement, the High Court was told today.
Christopher Katkowski QC, representing Flaxby Park Ltd, made the claim on the third and final day of a judicial review between the developer and the council.
A judgement will be handed down at a later date.
Flaxby claims the council's decision to choose Green Hammerton for 3,000 homes was based on a flawed process.
Mr Katkowski said the developer's claim was “straightforward and simple” — that councillors “at some point” should have considered the Flaxby site after council officers assessed it a second time.
Instead the matter was dealt with by council officers.
Mr Katkowski told the court:
Mr Katkowski said the developer accepted that councillors “could not do the work” of the assessment, but added that what mattered was “what you do with the work when it is done”.
Read more:
Harrogate council acted lawfully in Green Hammerton case, High Court told
Flaxby vs Green Hammerton: the saga so far…
The court also heard that the planning inspector’s report, which councillors considered before they adopted the district's local plan, was “not a substitute” for the second assessment.
Mr Katkowski said councillors should have had the second assessment in front of them and that the report was not a substitute “as a matter of law”.
The council claims it acted lawfully in the decision-making process.
The council’s defence made submissions yesterday that there was no legal reason for officers to return the second assessment of the two sites to councillors.
Paul Brown QC, representing the council, told the court that officers had delegated powers, which covered work such as assessments and modifications to the plan.
He said they were not “legally required” to check further with councillors after carrying out the work.
Mr Justice Holgate closed the judicial review hearing, which was held remotely due to coronavirus, this afternoon and will now consider his verdict.
0