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28

Nov 2021

Last Updated: 28/11/2021
Community
Community

Major setback for Kirkby Malzeard pub campaigners

by Tim Flanagan

| 28 Nov, 2021
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Pub campaigners in Kirkby Malzeard have been dealt a blow, after Harrogate Borough Council refused an Asset of Community Value listing that was crucial to their hopes.

henryjenkins
Campaigners to save the Henry Jenkins pub in Kirkby Malzeard.

Campaigners in Kirkby Malzeard, seeking to purchase and restore a now-derelict village pub (pictured below) have suffered a major setback.

The Henry Jenkins Community Pub group (HJCP) has failed for a third time to have part of the building re-listed as an Asset of Community Value (ACV).

The campaigners - some of whom are pictured above - raised a petition of more than 500 signatures in support of their bid.

They were advised of the decision by Harrogate Borough Council, which said:

"The nomination for part of the Henry Jenkins site (the eastern part) is unsuccessful and does not meet the definition of community value as detailed in the Localism Act 2011 Section 88 (2)."


photo of the Henry Jenkins








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Chair of the HJCP group, Richard Sadler, said:

“We are very disappointed that despite all the evidence, the council has chosen once again to side with private developers from outside the area - rather than supporting local grass roots community groups.
“The council cut our feet from under us by delisting part of the pub - simply because the developer sold this part to his business associate. Now they have turned their backs on us again by refusing to relist this part of the pub – when the council has a clear duty to help communities in rural areas fighting to save community facilities.
“This is despite overwhelming support of local residents, local businesses, the parish council and our local ward councillor for our plans to bring back this much-loved facility as a revitalised pub, bistro and coffee shop.
"With more people working from home and greater appreciation of the importance of community hubs, there's a crying need for a great range of facilities in this fast-expanding village. "


Mr Sadler pointed out that the group has secured more than £230,000 in share pledges from nearly 200 residents in support of plans for a community buyout.

The Henry Jenkins closed its doors in 2011 and was purchased out of administration by pub company Fielder Holdings.

In 2017 a nomination made by campaigners for an ACV listing was successful, but the eastern annex was subsequently sold by David Fielder to his business associate Justin Claybourn, who applied for and was granted planning permission to convert his part of the building into a single dwelling.

This led to removal of the CVA covering the eastern portion - a decision the campaigners have fought to overturn ever since.

When announcing its decision on the third attempt to secure CVA listing for the whole building, HBC referred to the HJCP petition, which was received by the council at its full meeting on 6 October and pointed out:

"There is nothing in the Assets of Community Value legislation or council constitution to enable the consideration of petitions, therefore this does not form part of the assessment process.
"However, it is noted that only 25 of the names on the petition are from Kirkby Malzeard itself and almost two-thirds of the signatories do not live in the Harrogate district."


Mr Claybourn, said:

"I'm pleased that the council has made this correct and sensible decision and I now look forward to progressing plans to convert my part of the building into a holiday home for my family."