Calvin Robinson Chief Reporter, Author at The Stray Ferret

Harrogate council acted lawfully in Green Hammerton case, High Court told

Harrogate Borough Council officers acted lawfully when they chose to pick Green Hammerton over Flaxby for its local plan, London’s High Court was told today.

Paul Brown QC, representing the authority at the judicial review, outlined the council’s defence to claimants Flaxby Park Ltd on the second day of the hearing.

Flaxby claimed yesterday the council made insufficient comparisons between the two sites, that further assessments were not brought back before councillors and questioned the viability of the site.

But Mr Brown told the court there was no legal reason for officers to return a further assessment of the two sites to councillors.

He said officers had already been delegated powers, which covered assessments and modifications to the plan, and they were not “legally required” to check further with councillors after carrying out the work.

Mr Brown said:

“It is patently not a matter which members would have been competent to carry out themselves.

“In a world where officers had delegated authority to agree modifications, it would be perverse to check with members before deciding that no modification [to the local plan] was required.”

‘Entirely lawful’

Mr Brown said the council’s decision not to assess a “broad location” for Flaxby before the local plan was submitted for examination was “an entirely lawful one to take”.

The council ultimately carried out the further assessment after the planning inspector said the move would be “sensible” and not that it was legally required, Mr Brown added.

He said the assessment was then given to the inspector and the inspector’s final report, which included the additional work, was considered by councillors before the local plan was adopted.

The court also heard that there was “no unequal treatment” between Flaxby and Green Hammerton and that the two were considered by officers throughout the process.

Flaxby limitations

Mr Brown said the “like for like” comparison was completed and limitations of the Flaxby site had been made clear since July 2017.

Addressing the clam that the planning inspector’s conclusion on viability was “perverse”, Mr Brown said the judgement was a “matter for the inspector”.

The court also heard that the council looked at the viability of both sites and each developer was spoken to and “treated on a like for like basis”.

Christopher Katkowski QC, representing Flaxby Park Ltd, will respond to the council’s defence tomorrow.

The hearing is expected to conclude tomorrow.

£100,000 Skipton Road traffic light scheme delayed due to Nightingale

A £100,000 scheme to replace traffic lights on Skipton Road has been delayed until next year due to Harrogate’s Nightingale Hospital.

North Yorkshire County Council was expected to refurbish Skipton Road’s junctions with Kings Road and Bilton Lane this year.

It would have included introducing a larger island at the Kings Road junction and installing new traffic lights at both junctions.

However, the scheme will now be delayed until the next financial year as the areas are deemed to be too close to the town’s Nightingale Hospital.

Melisa Burnham, highways area manager at the county council, said:

“The two sites for the scheme are very close to the Nightingale Hospital. We have not been able to progress the works due to the importance of Skipton Road at the early stages of the lockdown.

“Where possible we must protect the key route around the hospital, particularly where closures are required. As a key route to the town centre and the Nightingale we will ensure works are delivered and managed effectively through temporary lights, avoiding closures where possible.

“Design work has since re-started. Whilst we are in a position to progress, we will be mindful of the current coronavirus situation and the potential use of the Nightingale Hospital and plan accordingly.”

The area has had weeks of disruption since the summer, with first Northern Gas Networks and then CityFibre using temporary lights while they carried out work.

News of the delay to junction upgrades comes after the government announced that the Nightingale Hospital in Harrogate has been placed on standby amid a second wave of infections.

However, Lord Newby, a House of Lords peer who lives in Ripon, told the Stray Ferret last week that the hospital “simply does not have the staff available to allow it to operate safely”.

High Court hearing opens into Green Hammerton homes

A High Court hearing into Harrogate Borough Council’s decision to pick Green Hammerton over Flaxby for its local plan has begun today.

Mr Justice Holgate opened the judicial review case, which is being held remotely due to coronavirus.

Representing the developer, Christopher Katkowski QC set out his submission that sufficient comparisons were not made for both sites early on and that assessments did not show that the Green Hammerton site was viable.

He said that the Flaxby site was not given “equal treatment” to the council’s eventual preferred option of Green Hammerton.

Mr Katkowski said there was no “apples and apples” sustainability assessment of the sites as “broad locations” before the local plan was submitted for examination to the planning inspector.

He told the hearing that, despite the comparison being made later, the work was carried out under officer delegation and was not put before councillors to reconsider.

He said:

“Councillors should have been given the opportunity to consider this work at a stage when it could have made a difference.”

Mr Katkowski also told the court that assessments in front of the inspector showed the Green Hammerton location was “marginal” in terms of viability.

He added that Oakgate, one of the promoters of the site, had submitted a confidential assessment to the council but this was not put in front of the inspector.

Mr Katkowski said it was either “perverse” that the inspector concluded that the site was viable with the information available to him or “perverse not to call for sight of the assessments to reach a properly informed judgement”.

Paul Brown QC, representing Harrogate Borough Council, said officers had delegated powers “through the examination period” up until the inspector’s report was returned to the council.

Mr Brown said both the submission of the plan and the adoption were made by councillors, but delegated powers would need to be used for other decisions for practicality reasons.

He said:

“It does not follow that because the process is bookended by those two decisions that everything between those points must be.”

Mr Brown added that planning officers considered both sites following the second comparison and other reasonable alternatives.

He said his “overarching submission” was that there was nothing unlawful in the delegation of powers to officers.

Mr Brown will continue his submission tomorrow (October 28). The hearing continues.

Single council for North Yorkshire ‘could cost £38 million to set up’

North Yorkshire County Council has outlined its case for a single council for the county in a move which officials say could cost up to £38 million to set up.

Consultants Pricewaterhouse Cooper reported to NYCC on the plans, revealing that setting up a single authority will cost a minimum of £18m and as much as £38m.

However, the authority also predicts savings of up to £252 million over five years, equivalent to £50.4m per year.

Outlining the county’s bid, Cllr Carl Les, leader of NYCC, said the proposal would cut waste and empower communities. As part of the plan, the model proposes 25 community networks with further devolved powers for parish councils.

It would see the single council sit alongside the City of York Council, which backed the model last week and would remain unaffected.

North Yorkshire County Council leader, Carl Les.

Cllr Les said:

“We propose a revolution in empowering residents and businesses with the voice and resources they need to secure what matters to them. Our bid sets out how 25 community networks would enable this change. We are also working in partnership with town and parish councils to further devolve power and resources to some community services and assets, to better suit local people.

“To ensure the public can access local advice and services in person and online, our proposal includes providing offices in every district alongside more than 30 access points. It also preserves the very many local delivery hubs we already have in place.”

The plan is one of two put forward for North Yorkshire as the government prepares to scrap both county and district councils, and replace them with one or more single-tier authorities in the area.

Alternative plans

Against NYCC’s plans for one unitary authority, the seven district councils – including Harrogate Borough Council – have put forward plans for an east-west model with two authorities, effectively splitting the county in two down the middle. York City Council would be dissolved and the city would become part of the eastern side of the split.

According to documents delivered by consultants KPMG, the east-west proposal could cost up to £39.4m. The minimum cost would be £29.1m, though the model could deliver savings of between £32.5m and £55.8m each year – equivalent to between £162.5m and £279m over a five year period.

The district councils’ plans also say they would offer parish councils “the potential to take on additional responsibilities based on a two-way conversation”.

Although the number of elected councillors has yet to be agreed for the model, proposals say it is likely to be a reduction from the 348 posts currently filled across city, county and district authorities in North Yorkshire.

Under the county-wide model, NYCC said current boundaries suggest there would be 144 councillors, but a review of wards would be needed after the new authority came into effect. It proposes six area committees, each with around 15 councillors, in line with the constituencies of North Yorkshire’s MPs.

Election delay

Ahead of the submission, NYCC bosses are also expected to request that county council elections in May 2021 are delayed until the following year.

This would allow any councillors to be elected to the new authority, should it be approved.

The proposal comes after Robert Jenrick, Secretary of State for Local Government, invited councils to submit plans for a shake up of local councils ahead of a potential devolution bid.

Councils have until November 9 to submit an outline proposal to government, with a December 9 submission deadline for full plans.

Both North Yorkshire County Council’s executive and Harrogate Borough Council’s cabinet will meet next week to discuss their proposals and vote on whether to put them before their full councils. If they agree to do so, all councillors will have the opportunity to vote on the respective plans at separate full council meetings next Wednesday, November 4.

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

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”.

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

Green Hammerton campaigners deliver 600 objections to Harrogate Borough Council back in February 2018.

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.

Harrogate district’s coronavirus cases since March pass 2,000

A further 60 cases of coronavirus have been confirmed in the Harrogate District, according to Public Health England figures today.

It takes the total number of cases since the start of the pandemic up to 2,049.

It’s the second highest daily number of cases confirmed in the district so far in October.

The highest figure came on October 4 when 67 cases tested positive. However, the number came after an IT error left many cases unreported.

Meanwhile, Harrogate District Hospital today recorded another coronavirus death.

According to NHS England figures, it takes the number of deaths at the hospital from patients who tested positive for coronavirus to 85.

The hospital recorded its first covid death in three weeks on October 22.

Don’t hold Bonfire parties at home, urge public health bosses

People in North Yorkshire have been urged not to hold Bonfire Night parties at home this year.

Officials from North Yorkshire Local Resilience Forum, a partnership of organisations that respond to emergencies, have made the plea and called for residents to consider alternative plans.

The group has published guidance for event organisers, including villages and parish bodies, who may want to hold an event this year.

It comes as events such as the annual Stray bonfire have been cancelled due to coronavirus.

Dr Lincoln Sargaent, director of public health for North Yorkshire, said the forum would “strongly discourage” people from holding events in their gardens.

He said:

“The collective effort of people in North Yorkshire has meant that previously surging infection rates appear to be slowing recently and local outbreaks are being managed. This is excellent work and reflects the significant efforts being made individually and as communities; but we are not out of the woods.

“We need people to remain vigilant and follow the rules on social distancing, hand washing, use of face coverings and limiting the number of people with whom they socialise that apply where they live.

“For Bonfire Night, we would strongly discourage people from holding events in their gardens. Instead, they should look for well-organised events that are covid-secure or consider alternatives to enjoy the night in a safe way.

“We know that the most difficult area for us to tackle is the spread of infection within households and through social interactions, as that is responsible for the majority of the spread of the virus in North Yorkshire.”

Public health bosses in the county have said previously that the may cause of spread of covid is between households.

Dr Sargaent said there had been “very, very few” cases of outbreaks in the hospitality sector.

A further 52 cases of coronavirus confirmed in Harrogate district

A further 52 cases of coronavirus have been confirmed in the Harrogate district, according to Public Health England figures.

It takes the total number of cases since the start of the pandemic up to 1,887. Figures also show a further 156 cases county-wide.

Meanwhile, latest weekly rate figures up to October 19 show Harrogate had 164 cases per 100,000 population.

The district is third highest in the county behind Craven which has 175 and Selby with 196.

It comes after the first coronavirus death in three weeks was reported at Harrogate District Hospital yesterday.

A total of 84 people who tested positive for covid have died at the hospital since the start of the pandemic, according to NHS England figures.

Police: Stay away from North Yorkshire during half term

North Yorkshire Police has urged people in tier three areas not to travel to the county during this October half term.

Amid concerns that people from the “very high” tier will venture into the county, police have asked people not to travel unless it is for work, education or caring responsibilities.

It comes as the county currently sits in the lowest tier, meaning it follows the national guidance with no additional restrictions.

Those areas in tier three, such as Lancashire and Greater Manchester, cannot socialise indoors with other households and have seen pubs closed.

People under “very high” restrictions are advised not to travel outside of the area.

Superintendent Mike Walker, gold commander for the force’s response to coronavirus, urged people from those areas to stay away this half term.

He said:

“North Yorkshire is notorious for providing a warm welcome to visitors. But at the moment, we would ask residents from tier three locations to please stay in their own area and help us with the containment of this virus.

“If we can maintain a united approach and stop the spread, I can assure you that when it’s safe to do so – North Yorkshire will welcome you with open arms.”

He also urged young people in the county to follow social distancing guidance and to stick to the rule of six during the break.

“I would appeal to parents and carers to have those conversations with their children, to ensure they are aware of the possible consequences of their actions and encourage them to adhere to the regulations.”

Earlier this week, Superintendent Walker added that there would be a visible presence across the county amid concern that people would also travel from tier two areas, such as York and West Yorkshire.

He said, while the force could not enforce travel restrictions, there would be officers out enforcing the national rules.

“For the public of North Yorkshire and the City of York who are worried what I can say is that officers will be patrolling, they will be visible and they will absolutely be enforcing face coverings and the rule of six as they have been doing throughout the pandemic.”

It comes as the force has handed out 1,151 coronavirus penalties, the most of any police force in the country.

The vast majority were issued for non-essential journeys at the start of lockdown.

The force is also considering introducing “covid cars” as part of £291,897 worth of funding from government to help with enforcement of covid restrictions.

Battle lines drawn as councils to vote on local government shake-up

Battle lines have been drawn over the future of local government in North Yorkshire as political leaders reveal plans for a shake-up in the number of councils.

Both North Yorkshire County Council and the seven districts are to vote on their proposals in a few weeks, which would see proposals submitted to government to scrap the two-tier system.

Armed with accountancy firms PricewaterhouseCoopers and KPMG, both camps claim their models could save the county millions.

Today, district council leaders published their plans ahead of a submission to government.

The model, which the districts brought in KPMG to help devise, would see the county split in half with a council in the east and west.

The district councils’ proposal for an east/west model as outlined in the KPMG report.

The KPMG report, which the district councils have contributed £175,000 so far to pay for, outlines the case for two councils in the county.

It would see Craven, Harrogate, Richmondshire and Hambleton in the west, and Selby, City of York, Ryedale and Scarborough in the east.

The report shows district leaders compared 11 different options, one of which included a north/south divide and another with three unitary councils.

It also includes the gross value added, which is the measure of the value of goods and services produced in an area, for each region. The figures are based on data from the Office for National Statistics.

However, officials settled on an east/west model with 363,297 people in the west area and 465,375 in the east. Council leaders argue the model could save the county up to £56 million a year.

County council’s single authority plan

Meanwhile, the county council wants a model which would see a single unitary council for the entire county alongside the City of York Council.

Its plan is due to be published next week ahead of a meeting on November 4 when the proposal is expected to be agreed and submitted to Secretary of State for Local Government, Robert Jenrick.

County council officials said the model could deliver up to £252 million in savings over five years to support crucial frontline services.

The county has drafted in PwC to estimate the savings, which authority bosses say could amount to an initial £30 million a year.

Cllr Gareth Dadd, deputy leader and executive councillor for finance, said the council had an “unique” opportunity with the model.

“We are presented with a once in a lifetime opportunity at a key moment in our history, as we battle to emerge from the devastating impacts of the pandemic.

“A unique chance to deliver very significant savings that will be ploughed back into frontline services, support enhanced local democracy and end unnecessary waste. Our bid maximises all the benefits and delivers those benefits more quickly. It is also the least disruptive.

“Our proposal represents a saving of up to £185 a year for every household in North Yorkshire which would be put back into service delivery. It would be negligent of us to not to chase down such an opportunity.

“No other bid can deliver the scale of savings in such a timeframe, while protecting nationally recognised services for the county’s most frail and vulnerable residents.”

The district councils will now vote to submit their model to government, while the county council will also vote on its proposal.

The government has set a deadline of November 9 for outline proposals to be submitted. A deadline of December 9 has been set for full proposals.

Read more:

‘Entirely lawful’

Flaxby limitations

Read more:

Read more:

Alternative plans

Read more:

Election delay

Read more:

What is a judicial review?

Read more:

Read more:

Read more:

Read more:

County council’s single authority plan

Read more: