A developer behind a planned Starbucks drive-thru on Wetherby Road has said it will seek full legal costs if the proposal is approved by a planning inspector.

Alan Evans, counsel for Euro Garages, told an inquiry earlier this week that the company would seek costs from Harrogate Borough Council for “unreasonable behaviour”.

Residents fighting the controversial proposal, which is planned for the former 1st Dental surgery site, appeared before the hearing to defend the refusal after the borough council withdrew its objection.

Alan Evans, a legal representative for Euro Garages, told the appeal that the planning committee’s latest decision of refusal should be overturned.

He said: 

“Members of the committee were themselves unwilling to defend their reasons for refusal so if you wanted to have a bird’s-eye view of unreasonableness, then I don’t think you could have a better one.

“No evidence has been brought forward, there never was any evidence and our application was based soundly at the outset.

“If the council can’t defend any reasons for refusal, then the obvious opposite side of the coin is that it should have been granted permission.”

Residents living next to the potential site of the drive-thru told the inquiry into the plans that it would “completely destroy” their enjoyment of their homes.

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Speaking at the hearing on Tuesday, resident Joanne Richardson, who lives behind the proposed site, said: 

“If this proposal is accepted then the impact on residents will be huge – it is seven days a week, unsociable hours and our amenity will be completely destroyed.”

Helen Hockenhull, a government planning inspector, opened the hearing into the proposed Starbucks drive-thru on Wetherby Road on Tuesday

Mrs Richardson also said revisions to the plans – including a re-jigged car park, reduction in the size of the coffee shop and an acoustic fence – did not go far enough to address local concern.

She said:

“What this current proposal does is move the drive-thru lane to literally metres from the windows of living areas directly adjacent to the site.

“It is absurd to think that a two-metre boarded fence and a planted area of a few metres will mitigate the impact on residents surrounding the site.”

Another resident, Mark Hinchliffe, told the appeal that the nearby Woodlands junction was “probably the busiest” in Harrogate as he also warned the town was already at “breaking point” with traffic congestion.

He said: 

“Regardless of Starbucks arriving, there is already a major problem with that road – I can only describe it as the North Circular around London.”

The plans were first refused by Harrogate Borough Council’s planning committee in 2017 before the applicant lodged an unsuccessful appeal, then submitted a revised application two years later.

These latest proposals were still rejected in 2019 but the council, nor its planning committee, chose not to contest the appeal because it had previously made a recommendation in support of the plans. 

The council also said it was unable to find lawyers willing to fight the appeal on its behalf.

Helen Hockenhull, the planning inspector in charge of the appeal, will make a decision on the plan at a later date.

A controversial plan for a drive-thru Starbucks on Wetherby Road would adversely affect lives, according to residents who live next to the site.

The proposals by Euro Garages would see the coffee shop built on the former 1st Dental surgery site.

Harrogate Borough Council has refused the plan three times and a government planning inspector has also turned down the application.

But the authority has now withdrawn its objection to the latest plans, leaving residents to fight an appeal by the developer themselves.

David Stephenson, who has lived on Coachman’s Court with his wife for six years, is among those fighting the proposal.

Mr Stephenson’s house is next door the proposed site and he would be able to see the serving hatch of the Starbucks from his lounge window.

The view of the proposed Starbucks site from Mr Stephenson’s bedroom window.

He hoped for a quiet retirement when he moved to Coachman’s Court but said the Starbucks would change that if given the go ahead.

Mr Stephenson said:

“I think it is going to change our lives.

“We live in a nice, quiet cul-de-sac and this is not what we wanted in our retirement.”

He added that residents do not object to the site needing redevelopment, but said a drive-thru coffee shop would only increase traffic at the Woodlands junction.

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The junction is the only air quality management area in Harrogate, which obliges the local authority to improve air quality.

Another resident, Joanne Richardson, said she had concerns about the noise, pollution and number of cars coming through the site.

Ms Richardson has lived directly behind the former 1st Dental site for five years and her bedroom window would look out onto the drive-thru.

The view of the site from Ms Richardson’s bedroom window.

She said she was frustrated with the plan and expressed concern over the nitrogen oxide levels from cars to nearby properties.

Ms Richardson added that she “could not believe” that the council would no longer be defending its decision to refuse the plan.

In her consultation response for the appeal, Ms Richardson said:

“I am very frustrated to be in this position again, despite this proposal being rejected by Harrogate Borough Council again.

“This is not a case of Nimbyism. I am genuinely concerned on the impact of this proposal not just on my health and those residents surrounding the site, but also the impact on residents quality of life and wellbeing.”

Cllr Pat Marsh, a Liberal Democrat who represents the area on the council, said the development was another example of “big companies pushing for planning applications” to be put through.

The proposed layout of the Starbucks site on Wetherby Road as submitted to Harrogate Borough Council. Picture: Euro Garages.

Another appeal

Last week, the council announced it would not be defending its refusal of the proposal by Euro Garages.

The multi-million pound company, which also operates drive-thru facilities for KFC and Greggs, will be taking the council to appeal on June 15.

Read more:

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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.

A council spokesman told the Local Democracy Reporting Service that not contesting the appeal “hasn’t been an easy decision to make” but was “the best way forward in this instance”.

As a result, residents will appear at the hearing to defend the council’s refusal and have called for expert help ahead of the appeal to support their case.

The Stray Ferret approached Euro Garages for comment on the concerns, but did not receive a response at the time of publication.