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04
Dec
Taxpayers foot six-figure bill to housebuilder over failed Harrogate planning inquiry
North Yorkshire Council has agreed to pay £180,000 in costs to a developer over a planning appeal for 53 homes on Knox Lane in Harrogate.
Councillors on the Harrogate and Knaresborough planning committee rejected Teesside developer Jomast's proposals for the housing scheme in the Knox area of Bilton in September last year.
In doing so, they overturned a council officer's recommendation to approve the scheme.
Case officer Andy Hough said in a report ahead of the meeting the scheme was "in compliance with development plan policy" and that previous reasons for deferring the scheme "would not form reasonable reasons for refusal".
Councillors, however, went against his advice and refused to endorse the scheme, citing concerns the development would harm the landscape, the local road network and biodiversity.
Jomast then took the decision to the government’s Planning Inspectorate..
At a public inquiry into the refusal at Harrogate’s Civic Centre in July, council officials decided not to contest the appeal after receiving legal advice.
Instead, residents from Knox Conservation Community Group defended the decision.
In August, Mark Sturgess, a government planning inspector, approved the housing scheme and awarded full costs against the council.
Knox Lane proposed site location.
In a decision notice, Mr Sturgess acknowledged that the council had argued that councillors were “not bound to accept the advice of its officers in making planning decisions”.
He also noted that the authority offered no defence at the inquiry and it had cooperated with the developer since it decided not to defend its decision.
But, Mr Sturgess awarded full costs against the council due to the appeal incurring “unnecessary expenditure” on the developer.
Jomast applied for costs as part of its appeal application after it said the authority had “demonstrated unreasonable behaviour” during the planning process.
In a statement to the Stray Ferret today (December 4), Nic Harne, corporate director for community development at the council, confirmed the authority had agreed to pay £180,000 in costs to the developer.
He said:
This case relates to a decision by members of the Harrogate and Knaresborough area planning committee to refuse an application by Jomast to construct 53 homes on land at Knox Lane in Harrogate.
The applicant subsequently appealed the decision, and a public inquiry was held in July of this year.
The inspector found in favour of the appellant and made a full award of costs against the council. Following negotiations by the assistant chief executive for legal and democratic services the final figure has been settled at £180,000.
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