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13
Oct 2020
Judicial review looms after 2,750-home Flaxby development refused
Councillors took an hour this afternoon to refuse an application for up to 2,750 homes on the former Flaxby golf course, near Knaresborough.
Harrogate Borough Council's planning committee rejected the plans because they contravene its Local Plan, which chose Green Hammerton and Cattal as the location for a new settlement instead of Flaxby.
The Flaxby proposals also include a retirement village and two primary schools, as well as retail and office space.
The developer, Flaxby Park Ltd, is challenging HBC's decision at a judicial review, which will take place at the High Court in London this month.
Cllr Robert Windass questioned why the planning committee had been asked to decide on Flaxby now, just weeks before the judicial review. He said the council should postpone any decision until after the judicial review takes place.
But his request was rebuffed by HBC's chief planner, John Worthington, who said the planning committee and the judicial review were "two very separate processes".
Cllr Christine Willoughby, who spoke representing Knaresborough Town Council, said the development would have a negative impact on the market town.
She said:
Alex Smith, a member of the public, urged councillors to defer the Flaxby decision until the Green Hammerton development plan document was more fully developed.
He said the Flaxby development was "more sustainable" than Green Hammerton, which he said would require significant infrastructure investment. He said:
Eight councillors voted to refuse the plans. Two abstained.
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
The judicial review will take place on October 27, 28, and 29 at the High Court in London.
Flaxby Park Ltd has claimed the council’s decision to choose Green Hammerton was based on “flawed information of a scant, conflicting and contradictory nature”.
A judge will decide whether the decision was lawful and followed the correct procedure.
If found to be unlawful, the decision on where to place the new settlement may have to be made again.
Meanwhile, HBC is pressing ahead with plans for Green Hammerton and last week rubber-stamped a public consultation that is expected to take place later this year.
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