Campaigners threaten judicial review to halt motorway services near Ripon

Campaigners in Kirby Hill have given North Yorkshire Council notice of a legal challenge against a decision to approve a motorway service station near the village.

Kirby Hill Residents Against Motorway Services have told the authority they intend to press ahead with a judicial review over a move to grant permission for the service station between junctions 48 and 49 of the A1(M) northbound, near Boroughbridge and Ripon.

Councillors on the authority’s planning committee granted approval for the scheme on September 12, which would see a Welcome Break built at the site, as well a filling station and 364 car parking spaces created.

The proposal already had outline permission after the government’s Planning Inspectorate approved the plan on appeal in April 2021.

Applegreen, which is based in Dublin, applied for amendments to the proposal, including an extension to the length of the slip roads and increasing the permissible height of the eastern dumbbell roundabout by up to 1.25 metres.

However, Gareth Owens, chair of the Kirby Hill RAMS, said the move amounted to “significant change” to the scheme and confirmed the campaign group would challenge the approval.

He said:

“The leader of the new council, Cllr Carl Les, told parishes that he wants to work with them and ensure their voice is represented in North Yorkshire Council decisions.

“These laudable principles form the basis of the parish charter that he signed in July 2023. Two months later, planning officers and the strategic planning committee have ridden roughshod over the needs, rights and wishes of the local community.

“This is totally unacceptable. We have written to the council initiating the pre-action protocol for judicial review and giving them 14 days to reconsider this decision and respond, in light of the serious legal issues that we have identified.”

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Mr Owens said the group would challenge the decision on four grounds: unlawful decision, irrational decision, procedural impropriety and unfair decision.

The Stray Ferret approached North Yorkshire Council for comment, but did not receive a response by the time of publication.

The move comes after the government approved plans for the service station following a series of public inquiries and planning battles.

In a saga which has spanned a quarter of a century, Applegreen’s application has been before multiple council planning committees, faced four public inquiries and been turned down twice by the Secretary of State and the High Court.

The inquiry, which was held by planning inspector David Rose and streamed onto YouTube, lasted two weeks and included multiple testimonies from residents, campaigners and developer Applegreen.

In a decision notice, Mr Rose said after considering the evidence that the benefits of a service station would outweigh the harm.

Campaigners ‘cautious’ over Yorkshire Water £7.8 billion investment plan

Campaigners say they are “cautious but positive” over Yorkshire Water plans to invest £7.8 billion in infrastructure over five years.

The company announced the move today as part of investment plans for 2025 to 2030, which have been submitted to industry regulator Ofwat.

It includes £3.1 billion to improve resilience in the water network, £4.3 billion to protect river and coastal water quality and investment in customer service and financial support for customers.

However, it would mean average bills would rise from £438.12 in 2024/25 (£36.51 per month) to £518.76 in 2025/26 (£43.23 per month) with increases each year thereafter.

The proposals come as water companies have been under increasing public pressure at the amount of sewage being discharged into rivers and seas.

In the Harrogate district, campaigners say they are cautious at the plans but welcomed planned investment into the country’s water network.

Dr David Clayden, chairman of the Nidd Action Group, which is co-ordinating efforts to clean the River Nidd, said:

“Any investment in cleaning up our rivers, particularly the River Nidd and its tributaries is to be welcomed.

“Cynics amongst us may say something like ‘too little, too late’ and ‘we will be paying twice for something that should have been done years ago’, but I’d like to strike a more positive, if cautious, response to this announcement by Yorkshire Water.

“It’s a plan, not yet a reality, for actions possibly starting in 18 months time. Ofwat may yet dial down the ambition — and the cost to us as citizens — along with the much hoped for improvements in water quality. 

“As citizens we need to keep the pressure up on our politicians not to settle for any scaling down of  ‘improvements’.”

Nicola Shaw, chief executive of Yorkshire Water, said the plans were the company’s largest ever investment into the network.

She said:

“This submission marks our largest ever environmental investment and illustrates our commitment to deliver what our customers expect. The programme will protect and improve the quality of water in rivers and at coasts, leading to cleaner, safer water environments that support recreation and biodiversity across the region.”

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Raw sewage spilled into North Yorkshire streets 600 times in five years

Yorkshire Water has admitted that raw sewage has spilled into the streets in the Skipton and Ripon constituency area 600 times over the last five years.

The figure was revealed during a meeting in Skipton yesterday when the company’s head of corporate affairs, Tim Myatt, was grilled by councillors about what the company is doing to stop sewage and other waste being discharged into rivers and public places.

Mr Myatt, who was a senior Harrogate councillor for the Conservatives until earlier this year, said Yorkshire Water was investing an extra £180 million to reduce discharges by at least 20% before 2025.

This is on top of a £147 million investment to reduce discharge at its wastewater treatment works.

But councillors said the company had not spent enough since privatisation in 1989.

Last month, the council’s planning committee refused an application for 23 homes in Bishop Monkton following fears the housing would exacerbate raw sewage being released into village streets during heavy rainfall.

Nick Brown, the Conservative councillor for Wathvale and Bishop Monkton, asked Mr Myatt how many reported incidents of sewage being spilled into Skipton and Ripon’s streets there had been in the last five years. Mr Myatt told him it was 600.

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However, this only includes details from the main postcodes in the constituency area so the actual number is likely to be higher.

A ‘monstrous’ figure

Cllr Brown described the figure as “monstrous” and said more investment was needed.

He said:

“Six hundred incidents of sewage in villages and towns is unbelievable. I find the lack of investment over a period of years is partially to blame for that. In future, the investment must be made sooner rather than later in curing these problems.”

Mr Myatt said Yorkshire Water has had teams in Bishop Monkton this week looking at the problem.

Conservative and Independent Group councillor for Ripon Minster and Moorside, Andrew Williams, said the company has been providing an “effluent service” for customers.

He added:

“We raised the issue of effluent in the street in Ripon and received a fob-off. It’s not good enough.”

Conservative councillor for Settle and Penyghent, David Staveley, said Yorkshire Water had “stone-walled and come up with bad excuses” when faced with criticism from customers over raw sewage and other issues.

Mr Myatt said Yorkshire Water wanted a “step change in transparency”, including more monitoring of their infrastructure to help understand how to reduce overflows. He said he was aware the public wants the company to “vastly improve performance”.

He said:

“We have invested since privatisation. It’s important to not think that pre-privatisation there was lots of investment and now there is none. 

“There has been significant investment and improvements in certain areas.”

North Yorkshire Council is currently putting together a local plan that will map out where housing can be built across the county. 

Mr Myatt indicated Yorkshire Water would like to become a statutory consultee on planning applications and that the new local plan will help it target investment into infrastructure.

He added:

“Knowing where growth is likely to be enables us to plan for investment and make the case for that in those areas.”

Lib Dems criticise Yorkshire Water river health team project

Harrogate and Knaresborough Liberal Democrats have criticised a Yorkshire Water plan to set up a river health team.

The company announced this week it was setting up the department as part of a “joined-up, region-wide approach to river health” across Yorkshire.

Part of the remit of the department is to work with community groups to understand what is important to them and develop a way of working together to improve river health.

Yorkshire Water said it would be recruiting 16 new staff to the team, including an environmental investigation lead, river health improvement manager, river health partnership and community engagement advisor. 

However, local Liberal Democrats have questioned whether it is something the company should have been pursuing anyway.

Tom Gordon, Liberal Democrat parliamentary candidate for Harrogate and Knaresborough, said:

“Is this not something Yorkshire Water should have already been doing anyway?

“It’s hardly surprising that Yorkshire is faced with polluted rivers when the water company responsible for them has not even had a dedicated team to deal with them – all because the water regulator and the Conservatives have let them off the hook. This sewage scandal must end.

“Yorkshire Water must guarantee that the cost of the new team comes from the company’s eye-watering profits, rather than simply making consumers pay to clean up their mess in the middle of a cost of living crisis.

“I and my Liberal Democrat colleagues are calling for urgent reform of all water companies and a new regulator to hold them to account.”

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Andrew Jones (left) and Tom Gordon

However, Andrew Jones, Conservative MP for Harrogate and Knaresborough, described the initiative as a “positive move”.

He said:

“Most of the focus has been on the operation of storm overflows and household waste and these aspects are incredibly important.

“But I hope in addition to addressing this the team will go further and look at rainwater run-off from agricultural land which is often the largest component of river pollution containing animal waste and pesticides.

“I also would like to see the Yorkshire Water’s community engagement team really educating people about what can be put down drains and toilets safely.  One of the reasons we see discharges from the storm overflows is because the sewers become blocked by sanitary products and cooking fat which have been disposed of incorrectly.

“It’s a big job and it looks like Yorkshire Water are assembling a big team. This is good news for Yorkshire’s rivers.”

Kevin Reardon, head of river heath at Yorkshire Water, said:

“We are committed as a business to playing our part to further improve river and coastal water quality around the region. The health of our rivers is a key national conversation, and we all have a lot to do to deliver investment in the areas that will make improvements to water quality.

“We know river and coastal water quality is a key priority for our customers and this new department illustrates our commitment to doing the right thing and working hard, alongside other stakeholders, as we begin our largest programme of environmental investment since privatisation.

“Yorkshire Water colleagues are passionate about the environment and we’re currently recruiting for 16 additional roles to help complete our team, which we believe will make further improvements to river health in the next two years and prepare ourselves for the next investment period 2025-2030.”

Barn conversion ‘free for all’ could lead to ‘destruction’ of Dales, say national park leaders

National park leaders have criticised a government proposal to allow landowners to redevelop barns in protected landscapes into homes without planning consent.

Leading officers at both the Yorkshire Dales and North York Moors national parks have said the potential relaxation of the planning system outlined in a Department for Levelling Up, Housing and Communities consultation were very concerning.

National park bosses are dismayed a proposal to give farmers permitted development rights on barns has resurfaced less than a decade after the government abandoned the same proposal amid an outcry.

In 2014, park authorities and MPs raised concerns about the suburbanisation of rural areas if a swathe of barns was turned into homes, saying the proposal flew in the face of protecting national parks.

Impetus for the latest proposal has been linked to the government abandoning housing targets and an attempt to find ways to increase housebuilding in the face of a national housing shortage.

The consultation states: 

“Allowing our town and village centres within protected landscapes (such as national parks) to benefit from the right could help ensure the longer-term viability and vitality of these community hubs, supporting the residents and businesses that rely on them.

“We also want to support the agricultural sector by providing further flexibilities to farmers to undertake works on their agricultural units and enable farm diversification without having to submit a planning application.”

Chris France, director of planning at the North York Moors National Park Authority, said agricultural buildings played a key contribution to cultural heritage of the country’s national parks.

He said: 

“We don’t say you can’t do anything with them, but the whole point in having a planning system in a protected landscape is to carefully control those changes.

“The proposal to take barn conversions outside the planning process completely disenfranchises local populations, neighbours and in national parks, the nation, because we wouldn’t have any input into whether we think a proposal is acceptable.

“In national parks this isn’t going to deliver more housing for local people, which is what’s needed, it will just deliver more holiday homes and destroy our finest landscapes at the same time.”

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The national park leaders said the move would do nothing to ease the need for affordable housing in either area as developers would not have any restriction on the type of homes they created.

Yorkshire Dales National Park Authority chief executive David Butterworth said the proposal would mean up to 6,500 field barns across the 841sq mile area could be converted into homes, “decimating” the landscapes.

He added: 

“If I was trying to devise a policy that would essentially lead to the destruction of Yorkshire Dales national park, this would be the policy. These are permitted development rights to convert a property without any planning restriction.

“It is one of the most bonkers examples of environmental destruction I could think of. I am extremely concerned that this has been introduced now with an eight-week consultation. It is just crackers.”

A spokesperson for the Department for Levelling Up, Housing and Communities said: 

“This consultation remains open and we will consider all responses, including that from National Parks UK, before coming to a decision. We have been clear that any developments must be beautiful and enhance the environment.”

Contractor sought for £3m electric vehicle charging rollout in North Yorkshire

North Yorkshire Council is set to appoint a contractor to oversee a £3 million rollout of electric vehicle charging points.

The authority intends to embark on a strategy to install hundreds of charging points across the county.

Cllr Keane Duncan, executive councillor for highways, signed off on a decision to appoint a contractor before December 2023.

In a report due before Cllr Duncan, the council said:

“Procurement needs to launch as soon as possible to enable delivery of electric vehicle charging points by the grant funding deadline.

“A delivery plan has been established and a supplier for both the electric vehicle charging points and the renewable technology must be in place no later than December 2023 to enable us to meet the programme end date.”

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The move comes as the council has predicted that 724 electric vehicle charging points will be needed across the county by 2025.

Meanwhile, 3,161 charging stations are estimated to be required by 2030.

electric vehicle charging points EV

Park View car park in Harrogate

The authority has also submitted a bid for a further £4.88 million from the governments Local Electric Vehicle Infrastructure capital fund, which would help install a further 1,000 charging points.

According to the council, there are currently almost 4,000 electric vehicles registered in North Yorkshire and 225 publicly available charge points.

Cllr Greg White, executive councillor for climate change at the authority, said previously that the infrastructure is required to meet the council’s environment targets.

He said:

“The roll-out of comprehensive electric vehicle charging infrastructure is key to achieving the county’s carbon zero target.”

Harrogate district sees rise in demand for solar panels

Demand for solar panels in the Harrogate area has almost doubled in the last year as homeowners look to reduce their energy bills while helping to tackle climate change.

Rooftop solar panels that harness the power of the sun to generate renewable energy have been around for decades but with record-high energy bills they are becoming an increasingly common sight in our towns and villages.

Before installing solar panels, a developer or homeowner must first get permission from North Yorkshire Council.

The Local Democracy Reporting Service compared the number of solar-related planning applications in the first half of 2022 with 2023, in the former Harrogate district area, and found it had jumped from 27 to 57.

Experts have put the rise in popularity for solar panels down to high energy costs brought on by the war in Ukraine, which has pushed up wholesale prices.

According to the Office for National Statistics, gas and electricity prices rose by 36.2% and 17.3% in the year to June 2023. It said energy prices have been one of the largest contributors to high inflation since April 2022.

As well as reducing bills, solar panels are one way individual households can reduce carbon emissions. The Committee for Climate Change says the technology will be crucial if the UK is to meet its 2050 net zero target.

The UK experienced a heatwave in June which saw 9.3% of the country’s energy generated by solar, but the figure is likely to be lower for July due to the largely wet and overcast conditions.

Tim Larner, vice chair policy advocacy at Zero Carbon Harrogate, told the Local Democracy Reporting Service:

“Zero Carbon Harrogate is delighted to note the increase in the number of planning applications with solar panels included and we congratulate those developers who are taking a sustainable and long-term approach.

“Not only does it make financial sense to include roof-mounted solar panels in all new developments, it’s also a practical response to the climate emergency.”

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It is not only homeowners who have been installing solar panels, schools including Oatlands Junior School, Harrogate Grammar School, Coppice Valley Primary School and Rossett Acre Primary School will install hundreds on their rooftops.

There has also been small-scale solar applications from farmers, with plans approved to add solar panels on top of agricultural barns in Burnt Yates, Beckwithshaw and Felliscliffe.

Mr Larner added:

“We need to be taking every opportunity to make our homes, schools, hospitals and offices more sustainable in all aspects of their construction.”

Councillors call for building moratorium in Bishop Monkton over flood fears

Councillors have called for a moratorium on building houses in Bishop Monkton until Yorkshire Water reveals if and when it intends to modernise its waste water system.

North Yorkshire councillors expressed disbelief that as a statutory consultee to a proposed housing estate in the village, near Ripon, the water firm had given the green light, despite its engineers having condemned the village’s sewage system as inadequate for current needs.

Members of the Skipon and Ripon planning committee heard even when rain was “moderate” human waste could be seen on the village’s streets due to a lack of sewage capacity and the water firm had given an undertaking to state when, in its forthcoming 25-year plan for the area, the issue would be rectified.

Cllr Nick Brown, a Conservative who represents Wathvale and Bishop Monkton, told the meeting how he and six of his parishes, including Bishop Monkton, had pressed Yorkshire Water over when it would act to end floods of sewage on the streets.

Cllr Nick Brown

He said during moderate rainfall Bishop Monkton’s combined sewer became overwhelmed and was discharged into the beck at the bottom of the village.

The meeting heard councillors question when Yorkshire Water last objected to a development and that it had a commercial interest in seeing its customer base increase, while having no duty to make corresponding improvements in sewage systems.

Officers warned councillors if they refused the proposal to build up to 23 homes off Knaresborough Road due to the village’s ongoing sewage issues it would be harder to defend an appeal against the decision because Yorkshire Water had not objected to it.

Skipton councillor Robert Heseltine said: 

“Until they put their house in order there shouldn’t be any more building.”

Ripon councillor Andrew Williams added: 

“Which business is voluntarily going to turn down 23 extra customers, knowing there is no regulatory control on Yorkshire Water? There is no obligation on Yorkshire Water to improve what is already a profoundly dissatisfactory situation.”

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The meeting also heard there were concerns raised over the removal of a hedge, which some villagers claim dates back to 1816, the impact of the development on a grade II listed church and conservation area and in particular about road safety.

Councillors unanimously voted to defer a decision over the development to get details from Yorkshire Water over when it planned to upgrade the village’s sewage system, as well as to talk with highways officers and the developer over safety and environmental concerns.

After the meeting, North Yorkshire Council leader, Cllr Carl Les, said he hoped Yorkshire Water would answer councillors’ questions over its plans, adding: 

“Clearly there are concerns about capacity in the system as well as over discharges into rivers.”

In response to the concerns, a Yorkshire Water spokesperson said the application was on land allocated by the council for development, and it was “not a statutory consultee on applications of this nature and unable to refuse connection to our network”.

The statement added:

 “Under the application, the developer will be separating surface water and foul waste, limiting the amount of additional wastewater entering the network.

“We are aware of some issues with the network in the area, but many of these are linked to blockages and infiltration of surface water into the network during heavy rainfall. We have investigated the sewers in the area and are looking at options to add increased storage to alleviate issues during heavy rainfall.”

Developer withdraws 88 home plan in Bishop Monkton

Developers have withdrawn plans for 88 new homes in Bishop Monkton.

Avant Homes tabled the plan for land off Moor Road in the village.

It would have seen a mixture of 53 market and 35 affordable homes built at the site.

However, the application proved controversial, with residents at Bishop Monkton Action Group objecting to the plan.

In a letter sent to North Yorkshire Council, the group raised concern over drainage at the site and described it as “hopelessly unfit for purpose”.

More than 250 people wrote to the authority to object to the plan.

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A spokesperson for Bishop Monkton Action Group said the decision to withdraw the plan was “a victory for the village”.

In a planning statement to the council last year, Carter Jonas, which submitted the plan on behalf of Alfa Homes, described the site as a “highly sustainable location”.

It added:

“As discussed, the proposal is in a sustainable and accessible location within reasonable walking distance of bus services and local services in Bishop Monkton.”

North Yorkshire Greens accuse Tories of putting politics before climate

Green Party councillors have accused the Conservatives of putting party politics before the climate crisis following the appointment of a climate champion for North Yorkshire last week.

At a full meeting of the council in Northallerton, Conservative councillor for Bilton and Nidd Gorge, Paul Haslam and Green Party councillor for Ouseburn, Arnold Warneken made pitches about why they were best suited for the role, which involves encouraging positive action on the climate.

This led independent councillor for Filey, Sam Cross, to put forward a motion that would see the job shared, adding “the more brains fighting climate change the better”.

Councillors voted on the job share but it was narrowly defeated by 43 votes to 42 after the Conservatives, which is the largest party on the council, rejected the proposal.

Cllr Paul Haslam

Cllr Haslam then defeated Cllr Warneken by 46 to 38 in a second vote to become climate champion.

Speaking this week, Cllr Warneken said he was disappointed the Conservatives denied the job share. He said:

“Like many Greens, I am used to working alongside others and establishing good working relationships even when we disagree occasionally.

“This was a real opportunity for the ruling group to show that they want to work with others in order to help make the new council stronger. They comprehensively failed that task.”

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Before the job share vote, Cllr Gareth Dadd, the Conservative member for Thirsk, sought clarification from the senior legal officer Barry Khan on whether the arrangement would go against the council’s constitution.

Mr Khan confirmed there was nothing in the constitution to prevent the two councillors from sharing the role and the allowance that comes with it.

Cllr Kevin Foster, leader of the Green group on North Yorkshire Council, added:

“We heard from the Conservatives on numerous occasions about working in collaboration, we in the green group have always been open to working with any parties and we still stand by that.

“The green group want a new politics and want to work in a way that will take all views in to consideration. Unfortunately the Conservatives just want more of the same. The public made it clear in the last election they think politics is broken and we want to fix it. It really is sad that the Conservative thirst for power is more important than a balanced view.”

Despite Mr Khan’s comments last week, Conservative council leader, Carl Les, told the Local Democracy Reporting Service he believed the constitution does not allow for two climate champions or for a job share agreement.

He added:

“It could be looked at in the future, but the opposition members were determined to push for a vote. Both candidates made speeches in favour of their suitability for the role, and I and my colleagues supported Cllr Haslam. That’s democracy in action.”