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Aug 2024
After four years, four separate council meetings and a public inquiry, houses look set to be built on land off Knox Lane.
The saga over the 53-home scheme has been controversial and led to fierce resistance from residents before culminating in the government stepping in.
Ultimately, a planning inspector put an end to the dispute this past week after approving the proposal.
In this article, the Stray Ferret looks at how the housing saga unfolded and what the government’s decision means for the area.
While Harrogate residents were isolating in their homes and taking their once a day walks, Teeside developer Jomast tabled a proposal to build new homes on Knox Lane in April 2020.
The initial plan would have seen 73 houses plus parking and public open space built on land off the street near Bilton.
The land was earmarked in the Harrogate District Local Plan 2014-2035 for development and was allocated “H2” within the blueprint.
However, shortly after the proposal was first tabled to the now defunct Harrogate Borough Council, the developer rowed back on the scheme after it generated over 200 objections, which included concerns about the number of homes and the increased volume of traffic.
In December 2021, the Stray Ferret reported that Jomast had significantly reduced the number of houses on the site to 53.
However, the reduction did little to allay the concerns of residents and proved to be the start of a long-running dispute.
The subsequent three years up until its approval saw a dogged effort by local residents to stop the development.
This included hundreds of letters of objection, the setting up of Knox Conservation Group and displaying protest art ahead of crunch meetings on the application.
Knox Lane proposed site location.
The opposition to the homes was joined by old and young, including Jasmine Stoyles, 7, and her brother Francis, 11, who came up with their own protest art in 2022.
But equally as bullish were Jomast, which throughout the four years and multiple committee meetings played to the same beat and insisted that the site was suitable for housing.
The Teeside developer pointed to the fact that it was earmarked for homes under the Local Plan and, at one stage, issued a statement to the Stray Ferret pointing out the various planning assessments it had carried out.
However, it wasn’t enough for councillors who sided with the residents over their concerns.
Jasmine Stoyles, 7, and her brother Francis, 11, pictured in 2022.
Over the course of four committees, the Harrogate and Knaresborough planning committee delayed the application three times before rejecting it on the fourth occasion in September 2023 against officer recommendations.
The delay was the final straw for Jomast, which took the decision to the government’s Planning Inspectorate and said the authority “demonstrated unreasonable behaviour” during the planning process.
North Yorkshire Council, which was adjudicating on the matter following the abolition of Harrogate Borough Council, withdrew its defence after legal advice - leaving the opposition in the hands of local residents.
Residents were coldly dubbed an “interested party” at the hearing and their defiance amid the David and Goliath situation they found themselves in was summed up by Victoria Austin, a Knox resident of eight years.
Addressing the fact that Jomast was armed with a barrister an a team of professionals, all of whom intend to speak on various matters, she told the hearing:
We are not here as experts
But, the valiant defence by Knox Community Conservation Group was not enough and on Monday the Stray Ferret reported that the government had approved the application.
Mark Sturgess oversaw the public inquiry, which was held at Harrogate Civic Centre in July.
At the time, objectors argued that the scheme would cause damage to landscape, raised concern over transport links and questioned the developer’s biodiversity net gain metrics.
Mr Sturgess’ decision sided largely in favour with the developer on most of the issues.
Knox Lane planning hearing in Harrogate. Jomast (right) sat across from North Yorkshire Council officers in July.
But he did accept that the loss of trees, shrubs and scrub on the former railway embankments would lead to a “significant change in character” of the Knox area.
Mr Sturgess said:
Overall, and despite the significant change in the character and appearance it would bring to Knox Lane, the appeal proposal complies with the development requirements set out in Policy H2 of the HDLP. Therefore, the proposal would not unacceptably harm the character and appearance of Knox Lane.
However, much of Mr Sturgess’ criticism was saved for the council’s decision not to contest the appeal.
While the inspector acknowledged that councillors were not bound to accept the advice of its officers in making planning decisions, he said the move to take the matter to appeal had led to “unnecessary expenditure” for the developer.
He said:
The council have chosen not to defend the appeal and offered no evidence at the inquiry. This has meant that the applicant has had to present their case at the inquiry through the submission of proofs of evidence, the attendance of counsel and expert witnesses.
Whilst this has reduced the sitting time of the Inquiry, thereby mitigating to a certain extent the expense incurred, it has meant that the applicant has incurred costs in defending the appeal at the inquiry which should not have been necessary, had the council adopted this position prior to the decision to refuse the planning application.
Moreover, Mr Sturgess said the move was “tantamount to acknowledging that it had no case when it made the decision to refuse the planning application at committee”.
He added:
The council’s justification for changing its mind on the appeal proposal during the appeal process is that it took legal advice. That is not a credible position as legal advice would have been available to it prior to the planning application being considered by the planning committee.
Moreover, the matters at issue in this appeal are not strictly speaking legal matters, they are planning matters upon which they had the advice of their officer’s when making the original decision. Furthermore, these matters did not change between the committee’s decision to refuse the planning application and the council’s decision not to defend the appeal.
The decision could see a five-figure sum paid by taxpayers to cover the costs accrued by the developer.
For the residents living in Knox, the four-year saga has culminated in defeat and spades hitting the ground on land tucked away in a corner of Bilton.
However, the decision could also be a sign of the shape of things to come across the district.
With the new Labour government’s eagerness to be seen as pro-housebuilding through mandatory housing targets and a goal to build 1.5 million new homes by 2029, it may become more difficult for residents to fight schemes on their own.
Deputy Prime Minister, Angela Rayner, last month wrote a letter to all council leaders and chief executives to make clear there is “not just a professional responsibility but a moral obligation to see more homes built”.
Valiant efforts like that fought by Knox Lane residents may become harder to be successful, with councils forced to have one eye on its housing targets.
Meanwhile, if Mr Sturgess’ decision is anything to go by, the new government may not look too kindly upon wasted appeal hearings in future.
It is also a warning to North Yorkshire Council, which is in the midst of drawing up a new Local Plan, that the blueprint for the county’s housing delivery needs to be right.
However, residents do not appear to have totally given up on opposing the Knox Lane scheme.
A spokesperson for Knox Community Conservation Group told the Stray Ferret that the group was considering its options in light of Mr Sturgess’ decision.
They said:
We were very surprised that the council decided not to defend the planning decision after it was refused by the planning committee.
The outcome of the Appeal was also disappointing and we are considering our next steps.
The Stray Ferret approached Jomast for comment for this article, but did not receive a response.
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