Flaxby Park Ltd Archives - The Stray Ferret

Flaxby Park withdraws appeal over 350 eco lodges refusal

The owners of Flaxby Park Golf Club have withdrawn an appeal over a decision to refuse plans for 350 eco lodges and a hotel on the site.

In March, Harrogate Borough Council rejected the proposal on the grounds that it would cause an “unacceptable” impact on the environment. The site is close to junction 47 on the A1(M).

Last month, Flaxby Park Ltd took the decision to the government’s Planning Inspectorate – which deals with planning disputes.

In documents submitted to the inspectorate, planning consultants Lichfields, which lodged the appeal on behalf of the developer, said the reasons for refusal were “unfounded”.

It said:

“The appellant will show that the council’s reasons for refusal are unfounded and that there are no technical issues arising from the proposed development, which cannot be addressed by appropriately worded conditions or Section 106 planning obligations.

“The appellant will therefore submit that planning permission should be granted for the development proposed by the appeal without delay.”

However, Flaxby Park Ltd has now withdrawn the appeal. A public inquiry into the case scheduled for January 31, 2023, has been cancelled.

An aerial computer generated image of the proposal. The A1(M) is to the east and the A59 is to the south.

The Stray Ferret approached both Flaxby Park Ltd and its agent Lichfields to ask why the company made the decision and if it still intends to propose a new scheme for the site.

But we did not receive a response by the time of publication.

The move raises questions over the future of the former Flaxby Golf Course site, which has been closed since 2014.

History of the site

In 2008 The Skelwith Group bought the site from farming family the Armstrongs for £7m. It published plans for a 300-bedroom five-star hotel on the site that it touted as the future “jewel in Yorkshire’s tourism crown”.

But the plans never materialised and in 2016 the company went out of business.

Flaxby Park Ltd, a company made up of businesswoman Ann Gloag and regeneration specialists Chris Musgrave and Trevor Cartner, bought the 260-acre golf course site from administrators in 2016.

Its original proposal for the site was to build 2,750 homes and a rail link at Goldsborough. But these plans ended after the council chose the Cattal and Green Hammerton area as the site for a new settlement in the district instead.

In October 2020, the developer challenged the council’s decision in the High Court but was unable to overturn it.

Flaxby Park appeals decision to refuse 350 ‘eco lodges’ near A1

The owners of the former Flaxby Park Golf Club have appealed a decision by Harrogate Borough Council to refuse its plans for 350 ‘eco lodges’ and a hotel on the site.

The borough council turned down the proposal in March on the grounds that it would cause an “unacceptable” impact on the environment. The site is close to junction 47 on the A1(M).

Now, Flaxby Park Ltd has taken the decision to the government’s Planning Inspectorate – the body which deals with planning disputes.

In documents submitted to the inspectorate, planning consultants Lichfields, which has lodged the appeal on behalf of the developer, said the reasons for refusal were “unfounded”.

It said:

“The appellant will show that the council’s reasons for refusal are unfounded and that there are no technical issues arising from the proposed development, which cannot be addressed by appropriately worded conditions or Section 106 planning obligations.

“The appellant will therefore submit that planning permission should be granted for the development proposed by the appeal without delay.”

The proposal includes plans for 350 holiday lodges along with a hotel, outdoor swimming pool, spa and sports area as well as a pub/cafe, farm shop, gift shop and activity hub.

The scheme would be built on the former Flaxby golf course, which has been closed since 2014, off the A59 York Road.

In March, council planning officer Kate Broadbank said the development would have a negative impact on the district’s natural environment as well as harming views from the nearby Temple of Victory, which is Grade II* listed.

Ms Broadbank wrote:

“The scale and layout are considered to have an unacceptable adverse impact upon the district’s natural and historic environment.

“In addition, the application site is not considered to be accessible to local services nor is it demonstrated that an acceptable connection to public utilities can be achieved.”

An aerial computer generated image of the proposal. The A1 (M) is to the east and the A59 is to the south.

A government planning inspector will make a decision on the appeal at a later date.

History of the site

But the plans never materialised and in 2016 the company went out of business.

Flaxby Park Ltd, a company made up of businesswoman Ann Gloag and regeneration specialists Chris Musgrave and Trevor Cartner, bought the 260-acre golf course site from administrators in 2016.

In October 2020, the developer challenged the council’s decision in the High Court but was unable to overturn it.

Flaxby Park ponders next move after eco-resort plans refused

The owners of the former Flaxby Golf Course say they are considering their next move after plans for an eco-resort at the site were rejected by Harrogate Borough Council.

The council refused the plans – which included 350 holiday lodges and a hotel – because of an “unacceptable” impact on the environment.

Knaresborough Town Council also complained there was “no proven business case” for the abandoned golf course site, where proposals for 2,750 homes were previously rejected in a decision that wound up in a legal battle over the Harrogate district Local Plan 2015-35.

A 300-bedroom hotel was also previously planned for the site, but these separate proposals never materialised.

Flaxby Park Ltd now has an option to appeal the latest decision against the eco-resort. It said it “remains confident that the proposal is appropriate for the site” and that it is now “considering the appropriate course of action”.

A company spokesperson said:

“Flaxby Park Ltd is extremely disappointed by the council’s decision to refuse the outline planning permission, on a site which was previously an established permitted leisure destination.

“The proposal is to provide a development which sits comfortably within the natural environment, providing a ‘getaway destination’ that is rural in feel but with easy access from main urban areas.

“The driving principle of the resort is to allow visitors to reconnect with nature within an ecologically rich environment involving the creation of new water bodies and woodlands.”

The eco-resort proposals also included an outdoor swimming pool, spa and sports area, pub/restaurant and shops for the former golf course which closed in 2014.

Noise concerns

The site sits alongside the A1(M) and another concern raised by the council was what it described as “constant traffic noise” from the motorway.

In response, Flaxby Park Ltd said while traffic noise may be audible in some areas of the site, the presence of a “significant tree belt would minimise the impact.”

It added:

“This was accepted by Harrogate Borough Council environmental protection who raised no objection subject to the imposition of suitably worded planning conditions.

“The proposed development would minimise the resort’s carbon footprint and provide a unique lodge development within the Yorkshire area.

“The proposal would also generate significant public benefit locally in the form of economic benefits with respect to increased visitor expenditure and the creation of employment opportunities.”

In a decision notice, the council said the scale and layout of the eco-resort were “considered to have an unacceptable adverse impact upon the district’s natural and historic environment”.

It also said the proposals would cause harm to the Grade II listed Temple of Victory momentum which sits in the grounds of the nearby Allerton Park.

These are the reasons for refusal, which could be examined by a government planning inspector if Flaxby Park Ltd decides to once again launch a legal challenge against the council.

Plans for 350 ‘eco lodges’ and hotel in Flaxby refused

Harrogate Borough Council has refused a bid to build a luxury eco-resort with 350 lodges on the former Flaxby golf course.

The plans included a hotel, outdoor swimming pool, spa and sports area as well as a pub/cafe, farm shop, gift shop and activity hub.

The developer Flaxby Park Ltd had previously said the resort would attract “the most discerning visitors” and would have a focus on sustainability to allow families to “reconnect with nature”.

But council planning officer Kate Broadbank said the development would have a negative impact on the district’s natural environment as well as harming views from the nearby Temple of Victory, which is Grade II* listed.

The golf course, off the A59 and A1(M), closed in 2014 and has been derelict ever since.

Ms Broadbank wrote:

“The scale and layout are considered to have an unacceptable adverse impact upon the district’s natural and historic environment.

“In addition, the application site is not considered to be accessible to local services nor is it demonstrated that an acceptable connection to public utilities can be achieved.”

The application generated 31 objections, including one from Knaresborough Town Council which feared the hotel would never be built and the site would be re-marketed as a residential development.

An aerial computer generated image of the proposal. The A1 (M) is to the east and the A59 is to the south.

The council added:

“The applicants seem to have no experience of running a holiday park, have no proven business case and have not considered the constant traffic noise from the adjacent motorway.”

The Stray Ferret has approached Flaxby Park Ltd for a response but we had not received one by the time of publication.

History of the site

But in 2016 the company went out of business after these plans never materialised.

Flaxby Park Ltd is a company made up of businesswoman Ann Gloag and regeneration specialists Chris Musgrave and Trevor Cartner.

It bought the 260-acre golf course site from administrators in 2016.

Its original proposal for the site was to build 2,750 homes and a rail link at Goldsborough. But these plans ended after the council chose the Green Hammerton area as the site for a new settlement in the district.

In October 2020, the developer challenged the council’s decision in the High Court but was unable to overturn it.

Harrogate councillors were ‘legally obliged’ to reconsider Flaxby site, High Court told

Harrogate Borough Council did not fulfil its legal obligation to fully consider Flaxby as a reasonable alternative to Green Hammerton as the site of a major new settlement, the High Court was told today.

Christopher Katkowski QC, representing Flaxby Park Ltd, made the claim on the third and final day of a judicial review between the developer and the council.

A judgement will be handed down at a later date.

Flaxby claims the council’s decision to choose Green Hammerton for 3,000 homes was based on a flawed process.

Mr Katkowski said the developer’s claim was “straightforward and simple” — that councillors “at some point” should have considered the Flaxby site after council officers assessed it a second time.

Instead the matter was dealt with by council officers.

Mr Katkowski told the court:

“Members were legally obliged to consider Flaxby as a broad location and reasonable alternative to Green Hammerton as a broad location.

“They never did at the bookends or at any point in between.”

Mr Katkowski said the developer accepted that councillors “could not do the work” of the assessment, but added that what mattered was “what you do with the work when it is done”.

The court also heard that the planning inspector’s report, which councillors considered before they adopted the district’s local plan, was “not a substitute” for the second assessment.

Mr Katkowski said councillors should have had the second assessment in front of them and that the report was not a substitute “as a matter of law”.

The council claims it acted lawfully in the decision-making process.

The council’s defence made submissions yesterday that there was no legal reason for officers to return the second assessment of the two sites to councillors.

Paul Brown QC, representing the council, told the court that officers had delegated powers, which covered work such as assessments and modifications to the plan.

He said they were not “legally required” to check further with councillors after carrying out the work.

Mr Justice Holgate closed the judicial review hearing, which was held remotely due to coronavirus, this afternoon and will now consider his verdict.

Harrogate council acted lawfully in Green Hammerton case, High Court told

Harrogate Borough Council officers acted lawfully when they chose to pick Green Hammerton over Flaxby for its local plan, London’s High Court was told today.

Paul Brown QC, representing the authority at the judicial review, outlined the council’s defence to claimants Flaxby Park Ltd on the second day of the hearing.

Flaxby claimed yesterday the council made insufficient comparisons between the two sites, that further assessments were not brought back before councillors and questioned the viability of the site.

But Mr Brown told the court there was no legal reason for officers to return a further assessment of the two sites to councillors.

He said officers had already been delegated powers, which covered assessments and modifications to the plan, and they were not “legally required” to check further with councillors after carrying out the work.

Mr Brown said:

“It is patently not a matter which members would have been competent to carry out themselves.

“In a world where officers had delegated authority to agree modifications, it would be perverse to check with members before deciding that no modification [to the local plan] was required.”

‘Entirely lawful’

Mr Brown said the council’s decision not to assess a “broad location” for Flaxby before the local plan was submitted for examination was “an entirely lawful one to take”.

The council ultimately carried out the further assessment after the planning inspector said the move would be “sensible” and not that it was legally required, Mr Brown added.

He said the assessment was then given to the inspector and the inspector’s final report, which included the additional work, was considered by councillors before the local plan was adopted.

The court also heard that there was “no unequal treatment” between Flaxby and Green Hammerton and that the two were considered by officers throughout the process.

Flaxby limitations

Mr Brown said the “like for like” comparison was completed and limitations of the Flaxby site had been made clear since July 2017.

Addressing the clam that the planning inspector’s conclusion on viability was “perverse”, Mr Brown said the judgement was a “matter for the inspector”.

The court also heard that the council looked at the viability of both sites and each developer was spoken to and “treated on a like for like basis”.

Christopher Katkowski QC, representing Flaxby Park Ltd, will respond to the council’s defence tomorrow.

The hearing is expected to conclude tomorrow.

High Court battle begins into plan for thousands of homes at Green Hammerton

A crunch judicial review looms for Harrogate Borough Council this week as Flaxby Park Ltd calls into questions the authority’s local plan.

This morning at the High Court in London, a review will be opened into the decision to choose Green Hammerton ahead of Flaxby for a 3,000 home settlement in the local plan.

After months of bitter debate, a judge will decide whether the decision was lawful or not.

The developer maintains that the council’s decision was based on “flawed information of a scant, conflicting and contradictory nature”.

It also caused backlash in Green Hammerton with residents embarking on a long campaign against the proposal.

Green Hammerton campaigners deliver 600 objections to Harrogate Borough Council back in February 2018.

Further tensions were raised when Flaxby urged the council to delay a decision on its application for 2,750 homes at the site.

However, the council said the planning committee and the review were two separate procedural process and refused the application.

What is a judicial review?

Flaxby was granted the review earlier this month and will now embark upon a three-day hearing at the High Court.

The purpose of the hearing is to look at the process that the council took to arrive at the decision to pick Green Hammerton over Flaxby.

The review looks at whether or not the decision made was lawful and followed the right procedure.

It is not a re-run of the merits of the decision.

If it is found to be unlawful, it could mean the decision has to be made again.

Councillor’s departure ‘will not affect’ High Court judicial review

Harrogate Borough Council has said the departure of its cabinet member for planning will not affect an upcoming judicial review over its local plan.

Cllr Rebecca Burnett, who was appointed to the position in 2015, stepped down yesterday with immediate effect.

Cllr Burnett oversaw the development of the borough’s local plan, which caused controversy after the council picked Green Hammerton over Flaxby for a 3,000 home settlement..

Residents in the village campaigned against the decision up until the plan was adopted in March 2020 and wrote to Cllr Burnett earlier this month “to express our disappointment and grave concern about the process of creating the new settlement development plan document”.

The borough council confirmed that Cllr Burnett’s had left to concentrate on her full-time job as marketing manager at bus company Transdev Blazefield.

But the news comes just a week before the borough council is set to appear before the High Court in London for a judicial review with developer Flaxby Park Ltd.

The developer has claimed the council’s decision to choose Green Hammerton over its site in the local plan was based on “flawed information of a scant, conflicting and contradictory nature”.

Both Flaxby Park and Cllr Burnett have had a fractious relationship. In 2018, the company submitted a formal complaint to the council over “several factually misleading statements” regarding the basis for policies with in the then draft local plan.

The company wrote to her again in March 2019 over “a series of defamatory statements” made on the reopening of Golsborough Railway Station, but later decided not to make another complaint.

A spokesperson for the borough council said Cllr Burnett would not be involved in the hearing next week and that her departure would not affect proceedings.

Conservative councillor Cllr Burnett previously worked in Harrogate and Knaresborough MP Andrew Jones’ office as a caseworker.

Cllr Burnett will continue to serve as a councillor for the Harrogate St Georges ward in Rossett, a position she has held since 2014.

Cllr Tim Myatt has now been appointed as cabinet member for planning.

Judicial review looms after 2,750-home Flaxby development refused

Councillors took an hour this afternoon to refuse an application for up to 2,750 homes on the former Flaxby golf course, near Knaresborough.

Harrogate Borough Council’s planning committee rejected the plans because they contravene its Local Plan, which chose Green Hammerton and Cattal as the location for a new settlement instead of Flaxby.

The Flaxby proposals also include a retirement village and two primary schools, as well as retail and office space.

The developer, Flaxby Park Ltd, is challenging HBC’s decision at a judicial review, which will take place at the High Court in London this month.

Cllr Robert Windass questioned why the planning committee had been asked to decide on Flaxby now, just weeks before the judicial review. He said the council should postpone any decision until after the judicial review takes place.

But his request was rebuffed by HBC’s chief planner, John Worthington, who said the planning committee and the judicial review were “two very separate processes”.

Cllr Christine Willoughby, who spoke representing Knaresborough Town Council, said the development would have a negative impact on the market town.

She said:

“The town council objects to this application as there would be a serious detrimental impact to health services, educational and recreational services of Knaresborough. Any economic benefit [to Knaresborough] would be small.”

Alex Smith, a member of the public, urged councillors to defer the Flaxby decision until the Green Hammerton development plan document was more fully developed.

He said the Flaxby development was “more sustainable” than Green Hammerton, which he said would require significant infrastructure investment. He said:

“We have a disused golf course and an existing dual carriageway here, now and ready to go. Why discard that site now?”

Eight councillors voted to refuse the plans. Two abstained.

The judicial review will take place on October 27, 28, and 29 at the High Court in London.

Flaxby Park Ltd has claimed the council’s decision to choose Green Hammerton was based on “flawed information of a scant, conflicting and contradictory nature”.

A judge will decide whether the decision was lawful and followed the correct procedure.

If found to be unlawful, the decision on where to place the new settlement may have to be made again.

Meanwhile, HBC is pressing ahead with plans for Green Hammerton and last week rubber-stamped a public consultation that is expected to take place later this year.

Flaxby development set for High Court battle

A developer who wants to build 2,750 homes at Flaxby Park near Knaresborough has urged Harrogate Borough Council to delay making a decision until a judicial review takes place in the High Court next month.

Flaxby Park Ltd has been granted a judicial review that will examine HBC’s decision to choose Green Hammerton ahead of Flaxby for a new settlement in its Local Plan, which was adopted in March this year.

The Flaxby settlement would be on a former golf course four miles from Knaresborough and include a retirement village and two primary schools, as well as retail and office space.

The proposal is due to go before HBC’s planning committee on Tuesday, almost three years after it was first submitted.

A report prepared by HBC officers recommends committee members refuse the development because the Local Plan now allocates Green Hammerton for the new settlement.

But the developer says the council’s decision to choose Green Hammerton was based on “flawed information of a scant, conflicting and contradictory nature”.

The judicial review will take place on October 27, 28, and 29 at the High Court in London.

A judge will decide whether the decision was lawful and followed the correct procedure.

If found to be unlawful, the decision on where to place the new settlement may have to made again. Flaxby Park Ltd told the Stray Ferret this would be a “game-changer” for the Harrogate district.

‘Defer a decision’

In a statement released to the Stray Ferret, Chris Musgrave, chief executive at Flaxby Park Ltd, questioned the timing of the decision to bring the plans before councillors now, just weeks before the High Court date.

He said:

“Bearing in mind that the planning application was submitted to the council almost three years ago, we fail to understand why planning officers have decided to present the application on October 6, but I urge the planning committee to follow the right course of action and defer a decision on the application until the judicial review has been concluded.”

Mr Musgrave also said Flaxby Park Ltd was not told of the council’s decision to bring the plans before the planning committee until the company was contacted by the Stray Ferret this week. He said this gave them less than a week to prepare, puttng them at a disadvantage.

‘Separate processes’

A HBC spokesperson said Flaxby Park Ltd was not informed about next week’s planning committee meeting due to a “technical error”. The spokesperson said:

“While we do not agree that the applicant has been disadvantaged we do apologise for the error. As a gesture of goodwill we have offered the applicant a potential deferent of the application by a week, if they feel they need more time to prepare for the meeting.”

But the spokesperson said the council would not defer the planning committee meeting until after the judicial review:

“We are not proposing to defer consideration of this application until the judicial review has taken place, as these are two very separate procedural processes.”

History of the site

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History of the site

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Noise concerns

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History of the site

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‘Entirely lawful’

Flaxby limitations

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What is a judicial review?

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‘Defer a decision’

‘Separate processes’

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