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14

Feb 2023

Last Updated: 14/02/2023
Environment
Environment

Plans approved for Kingsley Road and Tesco — but Knox Lane decision deferred

by Vicky Carr, Calvin Robinson

| 14 Feb, 2023
Comment

0

collage-maker-13-feb-2023-05-01-pm

Harrogate Borough Council's planning committee approved two of three major applications in Harrogate this afternoon.

The 12-person committee gave the go-ahead to Tesco for its proposed supermarket on the former gasworks site next to the New Park roundabout.

It also granted permission for Persimmon Homes to build 162 homes off Kingsley Drive.

But it deferred a decision on whether to allow developers to build 53 homes off Knox Lane in Bilton.

Today's meeting at Harrogate Civic Centre attracted protestors and an outburst that caused the meeting to be briefly adjourned.

Here is what happened.




4.50pm A significant day for Harrogate


The decisions made today will have a significant impact on Harrogate.

There will be 162 new homes off Kingsley Road, which has already seen extensive development in recent years.

Tesco will - could? - finally build its first Harrogate district superstore after first getting planning permission more than a decade ago.

And Knox Lane could still have dozens of new homes, depending on the outcome of two reports requested by the planning committee.

Those reports, and the final decision, are likely to come to the new North Yorkshire Council after it takes effect on April 1, rather than the current HBC planning committee.

It has been a lively meeting today, with calls out from the public gallery and repeated requests from the planning committee chairman for people to keep their cool, despite the obvious strength of feeling on all three proposals.

That's the end of our live blog from the planning meeting. Thanks for following.




4.44pm Knox Lane decision deferred


Planning committee members vote unanimously to defer a decision over the plans for Knox Lane.

They will request new reports and information about ground contamination and overhead power lines.




4.41pm More reports needed


The council's legal advisor says there seems to be a lack of confidence in the reports about land contamination and power lines.

He suggests a request could be made to do more sampling of the ground around the former railway to give more comprehensive results.

Cllr Windass is happy with that proposal, saying:

"I am concerned they have not tested in that area for fear of what they may find."

Cllr Burnett proposes deferring the decision again for the reports they want.




4.36pm Will the plans be deferred - or rejected?


The planning committee is being advised that it can turn down housing applications for sites in the local plan if there are material concerns about the proposals.

Otherwise, a developer can take the decision to appeal because there are no planning grounds for the refusal.

Cllr Burnett calls for a debate over a proposal to reject the plans on the basis of a material consideration.

Cllr Robert Windass says he is concerned about the contamination on site from the former railway. He calls for a full, independent survey of the entire site.

"I will not vote for this scheme until I know that that land is safe."


Cllr Marsh refers to information about links between power cables and childhood leukaemia, asking HBC officers to look into that issue.

Cllr Burnett says to defer the plans for further information, the committee needs to be specific about the information it wants. Alternatively, to reject the plans, strong reasons need to be given.

She says a survey of contamination has been carried out, but Cllr Windass says it is paid for by the developer and he wants the council to request an independent survey.

A council officer says the council does not usually bear the expense of a survey, but the reports provided by the developer are assessed by the council's experts.

Cllr Paraskos says he is not satisfied with the response on the cumulative effect on the roads of two developments close to each other. He's told it was considered as part of the local plan, before the sites were allocated.

Trying to bring the discussion to a conclusion, Cllr Burnett asks if the proposal is to defer the application for more information about the impact of power lines and the potential site contamination.




4.28pm Knox Lane houses rejected


Councillors have voted by seven votes to two against the plans, with one abstention.

There are cheers from the public gallery.




4.26pm Councillors begin to debate


Committee chairman Cllr Rebecca Burnett moves to support the officer recommendation to defer the application for planning officers to approve, and is seconded by Cllr John Mann.

However, to applause from the public gallery, Cllr Nigel Simms says:

"I'm sorry to disappoint, but I didn't agree with this site last time and I haven't heard anything or read anything to change my mind."

He's backed by Cllr Marsh, who says the site - right at the end of a narrow lane - should never be described as "sustainable". She asks whether anyone who voted for its inclusion in the local plan ever visited the site.




4.23pm Contamination, buses and power lines


A council officer confirms the environmental health team is happy with the level of contamination on the site.

Cllr Pat Marsh questions why the report says the site is "served" by local transport when the nearest bus stop is 490m away, outside The Knox pub. The officer replies:

"It's served, but it's beyond the optimum distance."


The committee hears Northern Powergrid has no objections to the plans relating to the electricity cables across the site.

Cllr Andrew Paraskos asks whether the four reports paid for by the objectors were considered. He's told they were forwarded to the consultees.

Cllr Marsh asks why Harrogate Grammar School and Rossett School are identified as target schools for children living in the area, when they are some distance away.

The officer responds that NYCC's education officer has advised that HGS, Rossett and Harrogate High School are where the contribution from the developer should be sent.




4.14pm Questions over biodiversity


Council officers are now being asked about the situation with badgers.

There's a long description of badgers' habits and what that might mean for this site.

A council officer says the planned scrub woodland would be a good thing for local people, linking up with other natural space around the area.




4.09pm Developer's agent addresses meeting


The agent for the developer is given the chance to speak.

He says the developer, Jomast, has worked closely with HBC officers to address concerns raised by the planning committee at the last hearing.

He addresses concerns over local badgers, power lines, and the size and number of houses, and says each has been addressed until HBC officers are happy with the plans.

"We politely ask you to endorse you officer's recommendation and grant planning permission."


Cllr Robert Windass queries where contamination samples were taken from and is told they were taken across the whole site, including close to the former railway embankment.

Cllr Andrew Paraskos asks about traffic management and whether two housing sites in the area have been included in the survey. He is told no, because it is not normal practice to do so, but the council must have assessed the area at the time the sites were allocated for housing.

"Can we talk badgers, please?"


The question comes from Cllr Victoria Oldham, who says "nobody wants their garden digging up by badgers" but she feels, as a protected species, they are having their environment changed and expected to move on during construction and then a newly-created scrub woodland provided for them after.

She asks whether the developer will work with local people to ensure badgers will be protected, and is told yes, as they are a protected species.




3.59pm Residents object


Local resident Stephen Redman says there is contamination on the site from when it was an active railway.

He says the impact of digging out the site would be significant in the area:

"How can 2.5m be removed without disturbing badges, trees or existing properties?"


Adele Laurie Wilson is now raising objections. She says the site is in a special landscape area and was recently refused permission to be turned into a garden because of its impact on this status.

Trees, many of which are under tree preservation orders, would have to be pruned and could be damaged by the process of construction. She says residents are "deeply concerned" about the impact on their homes.




3.53pm Local councillor speaks out


Cllr Paul Haslam tells the committee that 320 people have objected to the plans and residents have got together to have reports drawn up about the site.

Affordable housing is set at more than 50% and Cllr Haslam raises questions about the reasons for this.

The nearest bus stop is 490m away and other nearby sites will impact on this too.

He claims the biodiversity reports have been "a fudge" and he argues there would be the potential for flooding further down Knox Lane.




3.48pm Knox Lane plans


The meeting resumes and the Knox Lane plans are next on the agenda.

A planning officer explains changes have been made to the proposal since it came to the committee in the autumn. The house sizes have been amended and the total number reduced to allow more space between each building.

Knox Lane will be widened at the access point into the site.

There is an electricity pylon nearby with lines crossing the site.

Additional letters of objection have been sent to the council since the plans were last discussed. They include concerns about building too close to large trees, safety of children around electricity pylons, and the impact on local wildlife.




3.41pm Reaction to Kingsley plans


Our reporter Calvin Robinson has been speaking to some of the Kingsley ward residents who were at the meeting to object to the plans for 162 homes nearby.

After the plans were approved, Catherine Maguire, a local resident, said:

"They have blood on their hands. Someone is going to get killed with traffic and congestion. The construction traffic is going to turn into parked cars in the long term."


Chris Watt, who spoke on behalf of Kingsley residents, said after the meeting:

"We are extremely disappointed that councillors chose not to listen to local residents. There was clearly no consideration of the traffic and parking in our area.
"We are grateful for the residents who objected to this proposal."


Mike Gibbs, who also lives in the Kingsley area, said the plan will affect the "entire region" due to the additional traffic and congestion affecting ambulances to the hospital.




3.38pm Tesco plans approved


Councillors vote by six to four in favour of deferring the plans to officers for approval - in effect, granting planning permission to Tesco.

There is a cry of "absolutely disgusting" from the public gallery.

The meeting is adjourned again.




3.36pm Debate over plans


A motion is put forward to defer the plans to council officers to approve, subject to conditions.

Cllr Pat Marsh begins the debate by opposing the plans.

"This is not the best site for this supermarket at all. If you were on that road today all you heard was a constant movement of traffic.
"You put a roundabout in there and it backs up to the one at Skipton and Ripon Road...
"The impact this is going to have on the people on Electric Avenue is huge."


She says the site is much more suitable for a park-and-ride site to help people get the bus into town, reducing congestion. She opposes the loss of mature trees as well as the arrival of additional traffic.

She says the impact on the Co-op and other facilities would be bad for the local population.

"If you empty that centre there, you empty the heart of Jennyfields."


Cllr Watson agrees on the traffic concerns, saying it will also impact on the health of local residents. He is also worried about the gas pipe and petrol station in close proximity.

"One of these days, there's going to be 'boom!'."


Cllr Philip Broadbank is also concerned about the loss of a Post Office for a population of around 10,000.

Cllr John Mann, however, supports the application because of the location of other supermarkets across the town. He says he can't think of any major supermarkets in the north of town - though he is reminded Aldi is just over the road from the proposed Tesco site.

Undeterred, Cllr Mann says the area's councillor, Cllr Webber, supports the plans. Experts have looked at the highways and other concerns, he says, and councillors should rely on their expertise.




3.27pm Questions over biodiversity replacements


Cllr Burnett begins the questions to officers by returning to the topic of providing trees closer than 10 miles away.

An ecology officer responds that current policies are stronger than when the original Tesco application was granted. They allow HBC to ask for compensation for the loss of brownfield land.

However, the council does not operate "habitat banks" - it is up to the developer to find them, and the council to decide if they are acceptable.

"It isn't about individual plants or animals. It's about trying to reverse the overall decline of biodiversity since probably the Second World War."


He agrees it would be better to have it closer, but HBC cannot dictate that.

Cllr Martin asks whether a condition could be imposed to require it to be closer than 10 miles away. However, a council officer says it would be difficult because of land availability issues.

The site being considered is near Stainburn, just outside Beckwithshaw, and is provided by a company called the Environment Bank under agreement with landowners.

Cllr Martin says he disagrees:

"Where the pain has been given through the application there should be some recompense there as well."






3.19pm Safety concerns


Cllr Waton raises concerns about the high-pressure gas pipe across the site and the petrol station planned.

Mr Robeson said the "anoraks" of Northern Gas Networks have spent many months looking at the plans to ensure they were safe.

Detailed risk assessments will be carried out to ensure the site is safe.




3.17pm Questions for Tesco


Councillors put questions to the Tesco representatives.

Martin Robeson says the medical centre, barber and take-aways suggest the Jennyfield local centre is not reliant on the Co-op for its viability.

"It is a community hub more than it is a retail hub."


Andy Boucher says Tesco would not commit to include a Post Office in a local shop if the Co-op closed because it could be some years in the future and the future viability of the Post Office is not yet known.

Cllr Tom Watson says no amount of planning will ensure lorries always arrive at an agreed time, and raises concerns about access and deliveries to the site.

Tesco's representatives say there have been experts brought in by Tesco to think carefully and ensure the plans tick all the technical boxes. Delivery noise would be no different to that in the previously approved plans.

Mr Robeson responds:

"What we have done is increase the amount of acoustic screening on that boundary beyond what we originally thought was necessary. That bodes well for the protection of residents.
"You get it wrong in Harrogate and that failure will be reported in Bromsgrove, Newcastle, all around the world because you got it wrong."


Cllr Victoria Oldham asks how residents have been consulted.

The Tesco representatives say it took place during lockdown and was well advertised and attended. He says there have been many discussions with the council too, to ensure its specialists on light, noise and other issues are given the chance to have a say on the plans.

Cllr Stuart Martin says some trees will be lost off site with replacements planted 10 miles away, and questions whether they could not be closer.

Mr Robeson says the important thing is to replace the benefit brought by the trees. There is "a lot of replacement tree planting" but to ensure no overall loss of biodiversity, an off-set will be made with improvements elsewhere.

Mr Boucher says 43 trees will be lost off site and all 43 will be replaced.

Cllr Martin repeats his question about the distance, to applause from the public gallery.

Mr Robeson says the detail has not been agreed and it will be a matter of condition.

"If we can provide it so it's more beneficial to the people of Harrogate, that would be a benefit. I agree with you."






3.04pm Tesco backs its plans


Andy Boucher from Tesco says the company has long wanted to open a large store in Harrogate.

He says officers have analysed the application in detail and it is "robust". He says there is a business case for opening a small shop in Jennyfields regardless whether the superstore opens.

Martin Robeson, also from Tesco, says the only area of minor disagreement is over the impact on the Jennyfield local centre.

He says there is a robust agreement to ensure a shop remains open there, whether Co-op or Tesco.

"The number of deliveries that come into Tesco are managed, so we are not talking about dozens of deliveries every day - merely a small handful of them."


There is a shout of objection from the public gallery which leads Cllr Burnett to remind people not to call out during proceedings.




2.59pm Councillors give their views


Cllr Matthew Webber, who has been called away on business, has sent a statement to say he has known the site for many years as a councillor and living a few hundred yards away.

He says the plans would reduce journeys across town to other supermarkets.

"A facility like this is long-needed."


Monika Slater and Hannah Walker speak against the plans

Ms Walker represents the Co-op and says everyone agrees the Co-op would have reduced footfall if Tesco opened, impacting on the other local businesses.

The legal agreement for Tesco to open a new store if the Co-op closed "would not work", she says.

Monika Slater says the new supermarket would bring increased congestion on Skipton Road, more HGVs and disruption for nearby residents.

"Lorry drivers may be able to look into the upstairs windows of the residents on Electric Avenue."

Although the site is brown field, having been developed previously, Ms Slater says the area has become home to wildlife while it has been unused over the last decade.

There are no questions from planning committee members.




2.52pm Meeting resumes


Cllr Burnett reminds people to remain quiet during the meeting.

She moves on to the Tesco plans.

A planning officer from HBC briefly outlines the proposal, including a new roundabout on Skipton road, and says the application is for a store of about half the space of the one that was previously given planning permission.

She says the store will have a lower ceiling than surrounding houses and will have landscaping along its boundaries.

The existing high-pressure gas pipe across the site does not seem to have caused concerns for Northern Gas Networks, which has not objected.

The council has looked at the impact of the larger store on the local retail centre on Jenny Field Drive, including the Co-op.

"It's the impact upon the local centre that's important and not the impact on any specific retailer."


Tesco would have to open a small shop there if the Co-op closed within five years of Tesco opening.

The proposal is recommended for approval, subject to conditions.




2.45pm Vote - plans approved and a scuffle breaks out


The committee votes by nine votes to two to defer the plans to officers, allowing them to approve them subject to planning conditions.

There's an outburst from the public gallery. One woman says councillors will have "blood on your hands". She refers to her disabled child who she says is being put at risk by the proposal.

There are sounds of a scuffle. Committee chairman Rebecca Burnett adjourns the meeting for a five-minute break.




2.43pm Amendment proposed


Cllr Pat Marsh calls to defer the decision while an independent traffic management plan for the whole Kingsley Area .

A council officer says he is uncomfortable with the idea of an area-wide assessment, because he does not think a developer can be asked for that beyond their own development.




2.39pm Debate under way


Cllr Nigel Simms moves to vote in support of the officer recommendation to approve the plans.

He says the solar panels and other measures are more than the committee ever asked for and should have been included in other sites.

Cllr Marsh speaks against the plans because of the impact on traffic and existing local residents, as well as education, NHS and more.

"I don't think it's right."


She expresses frustration that more of the planning committee did not go on the site visit this morning, which she said demonstrated just how busy the area is already.

She said there has never been good road structure in the area and it should never have been included in the local plan.

Cllr Broadbank also says he will oppose the plans until there is proper traffic assessment.

"We've got an opportunity as we've exceeded the targets already to turn this one down."

Cllr Tom Watson agrees the parking along the roads nearby witnesses this morning was already too much.

Cllr John Mann says while he understands the concerns over traffic and the concentration of development, the site is allocated in the local plan.

"To ignore both the local plan and our planning policies is not as a good planning committee should do. So regrettably I will be voting for this.
"I hear what colleagues say, I hear what the public has said, but it is a local plan which was voted for by Lib Dem colleagues in front of me in 2019."


Cllr Burnett thanks the planning officers who have worked with the developer to get an improved scheme for the site put forward, meeting HBC's planning policies.




2.32pm Questions over sustainability


The planning committee members have begun asking questions of HBC planning officers.

Cllr Pat Marsh says there are 700 homes in that area, all relying on the local GP practice.

"I don't know how these people are going to get a doctor's appointment."

She questions why a new surgery was not included in the local plan.

A planning officer says the developer pays towards the NHS to provide local services, even if not on site.

In response to a question from Cllr Victoria Oldham, the planning officer says the development is "sustainable".

She also says there are contributions to local schools, including Grove Road. Cllr Marsh says:

"You think Grove Road is going to take all the development from this area?"

The officer says it's for the local education provider to deal with that, not planning officers.




2.28pm Agent says the plans are 'right'


Agent Paul Butler speaks on behalf of the developer.

"We know we got it wrong with the first scheme. We've taken the last 18 months to ensure this time we've got it right."


He describes the green areas, lower density of housing, and open spaces through the site.

Electric charging points, air source heat pumps and solar panels have all been included.

A cycle path will enable pupils to get to school safely.

"Can I please urge you all to judge this scheme on its own merits."


Questioned on bus services, Mr Butler says the developer has spoken to North Yorkshire County Council and that there are bus stops within 400m of the site.

He confirms there has been no discussion with a local bus company about local services.




2.22pm Local residents object


Mr Barnes and Mr Watt speak on behalf of local residents who oppose the development.

They say they support the proposal of a deferral so an independent traffic assessment can be carried out.

Mr Watt says the plans take the number of houses "well over" the requirements for the area.

They say other developments are having an impact in the area that should be considered as part of the plans.




2.18pm Ward councillor speaks


Cllr Chris Aldred speaks as the local ward councillor:

"Every one of my residents in this ward is probably goingto be affected by this application today. That's over 1,000 houses and over 3,000 people."


He says the impact isn't just when the houses are complete, but during the construction process. He says despite a lot of house-building in the area in recent years, there has been no increase in public amenity space or facilities.

"Kingsley has no churches, no large schools, no shops, no healthcare provision, no public park."


He says he would like to see the developer consulting local residents about installing a "top quality" children's park with an adventure playground that could be used by people from around the area, not just the nearest residents.

"We owe it to the residents."


He calls for the decision to be deferred until more accurate figures for traffic can be produced - he says those quoted in the report "do not add up".

Cllr Aldred says the whole of the Kingsley Ward needs assessing in terms of traffic and parking, with many cars being parked in the area by staff and patients at Harrogate District Hospital.

The closure of Bogs Lane is also discussed. Cllr Aldred says it could reduce rat-running in the area, but it could also force all cars from the new development out onto Knaresborough Road in the same area.

"You don't have to pass this today. There is no need. We're 260% ahead of the government target for housing. Let's have a look at the traffic on all those roads.
"We haven't looked at the entire scheme and how it's all going to be interlinked. We need an independent scheme that highways will agree and that actually adds up."






2.07pm Kingsley Road application


The committee hears an outline of the application, which is for a field included in the local plan.

A previous application for more than 200 homes was rejected on the grounds of over-crowding.

The current application for 162 homes includes a children's play area and some grassed areas to the north.

Existing trees around the boundaries under tree protection orders will be retained.

The plans are for a mixture of homes of between one and four bedrooms. Some houses have garages or driveways, and there is space for on-street parking.

There would be a mix of renewable and traditional heating in the homes if they are given permission.




2.02pm Here we go...


Cllr Rebecca Burnett begins the meeting by saying there are a number of lengthy debates ahead.

She goes through some formalities about procedure, including asking people not to heckle from the public gallery.

Cllr Hannah Gostlow has sent a substitute, Cllr Philip Broadbank, to today's meeting as she cannot attend. Cllr Sue Lumby has sent her apologies.

Other than that, the committee is complete.




1.59pm Ready to go


Councillors on the planning committee have taken their seats, as have representatives of the various applicants, and members of the public given a slot to speak.

We're just waiting for committee chairman Cllr Rebecca Burnett to begin proceedings. The Kingsley Drive application is due to be discussed first.




1.55pm Public gallery filling up


Members of the public enter the viewing area ready for the meeting

The public viewing gallery is rather busier than usual for a planning committee meeting.

Kingsley Ward Action Group is by far the biggest organised group here, but there are a few others taking their seats too.

The meeting takes place in the council chamber, adjacent to the public gallery.

Just give minutes to go until it's set to get under way.




1.48pm Kingsley residents oppose new plans


Residents in the Kingsley Road area say they have had enough of large-scale housing developments on their doorsteps.

Around 600 homes are already under construction or completed in the area after previous planning applications were given permission.

Today's application is from Persimmon Homes and is for 162 homes in a field along Kingsley Drive.

Starbeck resident Chris Watt is set to speak at the meeting on behalf of the Kingsley Ward Action Group.




1.44pm Long-running Tesco plans


The decision over whether to grant Tesco planning permission for its supermarket at the junction of Ripon Road and Skipton Road is just the latest in a saga dating back more than a decade.

The supermarket giant was giving planning permission for a store at the site in 2012 after many years of debate.

At the time, Harrogate was the only postcode area in mainland UK without a Tesco superstore.

However, the company later announced it had shelved the plans as part of a wider national strategy. The former gasworks site remained empty.

The current proposal was put forward in late 2021.




1.36pm Protestors outside meeting


Protestors from the Kingsley Road area outside Harrogate Civic Centre

Residents from the Kingsley Road area are already outside the civic centre ready for the planning meeting to begin.

They may not all be able to speak during the meeting, but they want to ensure their views are heard by the councillors who will decide whether another 162 homes can be built in the area.




Read more:



  • Decision today on Harrogate Tesco and two major housing schemes

  • Kingsley anger reaches 'boiling point' as another 162 homes set for approval