The felling of a giant topiary cockerel in a village between Harrogate and Ripon did not breach planning rules, North Yorkshire Council has said.
The 30ft hedge, which had been a feature of the village for generations, was felled in Bishop Monkton last month.
The 100-year-old hedge stood proudly in front of Cockerel Cottage and garnered local and national attention during its lifetime.
Its disappearance led to furore among villagers.
In a letter from the council, seen by the Stray Ferret, residents were last week told an investigation was launched into the felling following complaints of a potential breach of planning control.
But planning enforcement officer, Christopher Keddle, who wrote the letter, concluded “no breaches have taken place”.
Mr Keddle said after reviewing all the evidence, he found the cockerel was a hedge, rather than a tree, which “does not require consent from the council” to cut down.
He adds:
“Furthermore the council couldn’t prevent the owner from growing the cockerel shape out, even if the hedge was retained, we had no control whatsoever regarding the shape of the hedge.”
Mr Keddle also said one complainant had commented on the listed status of the property, adding:
“Finally, there has been comment regarding the listing of the property. Hedges, trees, flowers etc. are never included within the listing and therefore the hedge would not be protected.”
Mr Keddle said as there is “no breach” the case will be closed.
Bishop Monkton Today reported one villager who had complained was “unhappy” about the council’s findings, but added they had “no plans” to appeal.
The Stray Ferret reported on the felling at the time, as villagers were left horrified by the move.
Gary Cross, landlord of the Masons Arms in the village, said he knows the owners, who were not named, and understood the cockerel blocked light and became difficult to maintain.
He added:
“It was a pretty big object and attraction. Some residents are very upset about it. But they don’t have to live next to it.
“With the beck flooding, a lot of their garden was subject to flooding and it held pools of water, which was difficult to deal with. The owners have been there two or three years and tried to work with the cockerel but it had just become so big.”
Read more:
- Harrogate hospital gets new equipment for lung cancer treatment
- Harrogate company installs 762 solar panels on roof
Government approves 23-home plan in Bishop Monkton
The government has given the go-ahead for 23 new homes in Bishop Monkton despite concerns over drainage and sewage from residents.
Kebbell Development Ltd tabled a plan to build the houses on Knaresborough Road in the village, but it was refused by councillors on North Yorkshire Council’s planning committee in August last year.
The developer took the decision to the government’s Planning Inspectorate, the body which deals with planning disputes, and argued there were “no material considerations that indicate planning permission should not be granted”.
However, in December, Bishop Monkton Action Group urged the government to throw out the appeal.
In a 26-page letter of objection submitted to the Planning Inspectorate, the campaign group said the scheme would “threaten the sustainability of our village”.
The group said it had concerns over the impact on drainage and sewage, as well as a “historic lack of investment” in the area’s sewer system.
Now, planning inspector T Burnham has approved the scheme on appeal.
In a decision notice published yesterday, the inspector said the proposal would have “no unacceptable impact on the local sewerage system”.
However, they noted that a loss of hedgerow on Knaresborough Road would have an impact on the Church of St John the Baptist, but it would be “less than substantial”.
The inspector said:
“I have afforded the less than substantial harm to the setting of the designated heritage assets considerable importance and weight.
“Nonetheless, that harm is outweighed by the substantial economic and social benefits of delivering 23 dwellings, which would be enjoyed by many people over the years, a proportion of which would be affordable dwellings on a site which is allocated for residential development.”
The inspector also awarded partial costs against North Yorkshire Council for “unreasonable behaviour that has resulted in unnecessary and wasted expense in the appeals process”.
Read more:
- Councillors call for building moratorium in Bishop Monkton over flood fears
- Village housing scheme rejected amid fears of sewage in streets
- Developer appeals decision to refuse 23 homes in Bishop Monkton