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27

Oct 2020

Politics
Politics

High Court battle begins into plan for thousands of homes at Green Hammerton

Published: 27 Oct 2020, 06:00 GMT

by Calvin Robinson

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A crunch judicial review starts today into Harrogate Borough Council's decision to choose Green Hammerton ahead of Flaxby for a 3,000 home settlement in the local plan.

flaxbyparksite
The Flaxby Park site, which the council decided against including in the local plan.

A crunch judicial review looms for Harrogate Borough Council this week as Flaxby Park Ltd calls into questions the authority’s local plan.

This morning at the High Court in London, a review will be opened into the decision to choose Green Hammerton ahead of Flaxby for a 3,000 home settlement in the local plan.

After months of bitter debate, a judge will decide whether the decision was lawful or not.

The developer maintains that the council’s decision was based on “flawed information of a scant, conflicting and contradictory nature”.




Read more:




  • Flaxby development set for High Court battle




  • Council leader pledges “genuine consultation” on Green Hammerton development




  • Campaign group has ‘grave concerns’ about consultation on 3,000 homes








It also caused backlash in Green Hammerton with residents embarking on a long campaign against the proposal.



Further tensions were raised when Flaxby urged the council to delay a decision on its application for 2,750 homes at the site.

However, the council said the planning committee and the review were two separate procedural process and refused the application.

What is a judicial review?


Flaxby was granted the review earlier this month and will now embark upon a three-day hearing at the High Court.

The purpose of the hearing is to look at the process that the council took to arrive at the decision to pick Green Hammerton over Flaxby.

The review looks at whether or not the decision made was lawful and followed the right procedure.

It is not a re-run of the merits of the decision.

If it is found to be unlawful, it could mean the decision has to be made again.