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May 2020

Last Updated: 23/10/2020

Politics

Developer launches judicial review into major extension to Green Hammerton

by Calvin Robinson

| 11 May, 2020

Residents have long argued that the settlement was at the wrong site. Now, a legal challenge has been made against a decision for thousands of homes to be built in Green Hammerton.

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

Flaxby Park Ltd has launched a judicial review into the controversial decision to build a major extension to Green Hammerton.

After a bitter debate over where to build thousands of new homes in the east of the district, Harrogate Borough Council formally adopted its local plan in March and took the decision to build at Green Hammerton.

The local plan was backed by the government’s Planning Inspector, Richard Schofield, despite a long fought battle from residents in Green Hammerton who argued strongly that it was not required.

It will see up to 3,000 new homes built and extended into nearby Kirk Hammerton and Cattal.

But residents of Green Hammerton said the better option was to build the homes in Flaxby, while land owners in Flaxby agreed that the village’s disused golf course would be a good site for new houses.

But the council went ahead and adopted its plan and now faces a review over whether its decision was lawful or not.

Flaxby Park Ltd, the developer behind the Flaxby site, confirmed it has launched a judicial review into the decision but could not comment further at this time.

Chris Eaton, co-chair of the Keep The Hammertons Green Action Group (KTHG), said residents will get behind the review. He said:

“KTHG produced evidence-based and persuasive arguments that demonstrate that a new settlement is not required and, if even if it were, there are better locations, such as at Flaxby Park.

“We were most disappointed with the inspector’s report on the examination of the Harrogate District Plan that was published in January 2020.

“KTHG said at the time that we do not agree with or accept those parts of the Inspector’s report which relate to the requirement for a new settlement and the selection of its location in the broad location of Green Hammerton and Cattal.

“We are not surprised to hear that the potential developers of the Flaxby site are mounting a legal challenge and we shall follow the matter with great interest.”

What is a judicial review?

A judicial review is when a claimant asks for a review of a decision made by a government body or local authority.

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

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