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12
May 2021
Harrogate councillors cave in over Starbucks drive-thru plans
Harrogate Borough Council will not fight controversial plans for a Starbucks drive-thru after planning officers, lawyers and councillors refused to take on the legal challenge.
Retail firm Euro Garages has spent almost a decade trying to win permission to open the coffee shop at the former 1st Dental surgery on Wetherby Road, Harrogate but has been refused three times by councillors and once by a government inspector.
The most recent refusal came in 2019 when councillors went against an officer’s recommendation for approval to reject the plans because of concerns over road safety, idling cars and the impact on residents.
Now the developers have lodged a second appeal in what marks their best chance yet of winning permission.
This is because officers said they are in no position to fight the case for the council given their previous recommendation and that they had also been unable to find lawyers willing to do it for them.
It left councillors in what they described as an “appalling dilemma” with two options on the table: take on the legal challenge themselves or withdraw their objection.
£50,000 legal costs
Speaking at a meeting last night, councillor John Mann, chair of the planning committee, said councillors did not have the legal expertise or experience to fight the appeal which would see them “batted for six by the professional lawyers of the applicants”.
John Worthington, the council’s executive officer for development management, said officers could not stand successfully at appeal because their previous recommendation would “undermine” their case and that losing also risked legal costs of over £50,000.
He said:
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Meanwhile, councillor Robert Windass said he felt “betrayed and let down” by planning officers. He said:
Councillor Pat Marsh also questioned:
Appeal in June
Councillors agreed to withdraw their objection rather than stand during the appeal, which will still go-ahead on 15 June.
The applicant and objectors will give evidence during a hearing across several days before a government planning inspector makes a final decision.
Speaking after tonight’s meeting, a council spokesman said not contesting the appeal “hasn’t been an easy decision to make” but was “the best way forward in this instance.” He said:
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