Harrogate council’s judicial review bill amounted to £74,000

Harrogate Borough Council has revealed it paid Flaxby Park £17,000 in legal costs after last year’s judicial review between the two parties.

The sum is in addition to the £57,360 the council spent on its own legal fees to contest the case.

It means the council’s full legal bill for the long-running saga amounted to £74,360.

The developer brought the judicial review after the council opted for a site at Green Hammerton over Flaxby as the location for a new 3,000-home settlement in the district. It claimed the process was flawed.

At October’s High Court hearing, Mr Justice Holgate ruled in the council’s favour by saying it did not have to make the decision again.

But he ordered the council to pay 15% of Flaxby’s legal costs because it failed to adequately consider an environmental assessment of alternative locations for the settlement.

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The council initially refused to say how much it had spent on legal fees.

The Stray Ferret sent a request under the Freedom of Information Act for the information but the council said it was exempt from disclosure because its lawyers’ legal fees should remain private.

We requested an internal review of this decision. Joanne Barclay, acting chief solicitor for corporate services, overturned the council’s decision and revealed the fee paid.

Today’s revelation of the sum paid to Flaxby means the full legal cost of the review is finally known.

Plans in for 2,000-job business park near Knaresborough

The developers behind a new business park near Knaresborough that could create up to 2,000 jobs have formally submitted proposals.

Opus North and Bridges Fund Management have sent plans to Harrogate Borough Council to transform a 45-acre site into a mixed-use development designed to support offices, logistics operators and tech firms.

The site – to be called Harrogate 47 – is located at Flaxby near junction 47 of the A1(M) and was acquired by the developers in October last year.

It is allocated as the main strategic employment site in the council’s Local Plan and already has existing planning permission for more than half a million square feet of employment space.

The new plans include up to 130,000 sq ft of office accommodation, about 75,000 sq ft of tech starter units and approximately 430,000 sq ft for logistics and warehouses.

A spokesperson for the developers said the existing planning permission allows for the commencement of the site’s enabling works so it can be made “oven-ready” for the main construction to start as soon as the new consent is granted.

Guy Bowden, a partner at Bridges Fund Management, added:

“As Harrogate 47 is such an important site with immense potential to make a significant economic contribution to the local area, we are keen to maintain momentum and as such are commencing preparatory works.

“The work being undertaken will ensure that the plots are ready for construction to begin, which could be as early as summer 2021, and our appointed agents are already in detailed discussions with potential occupiers who have expressed an interest in the scheme.”

The appointed industrial agents for Harrogate 47 are CBRE and Gent Visick, with the office enquiries directed to the office agency teams at CBRE.

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Oliver Freer, from CBRE’s northern planning team, which prepared the planning application, said:

“The new masterplan for Junction 47 responds to the market demand for employment accommodation for office, hi-tech/hybrid and logistics uses in this location, and is in accordance with the land allocation of the site.

“A successful consent would allow much-needed commercial space to be delivered, enabling local companies to stay and attracting new inward investment into the district, whilst unlocking the potential for some 2,000 new local jobs.”

Ryan Unsworth, development director of Opus North, added:

“We have been working hard with our appointed consultancy team and key stakeholders since we acquired the site to progress a masterplan that would maximise the job-creating potential of the site whilst addressing current and anticipated regional demand for sustainable office and industrial accommodation.

“We are confident that our application captures these aspects and look forward to seeing the initial works start on site to facilitate development.”

Journalist’s book reveals district’s secret wartime sites

An author from Bishop Monkton has written a new book all about the secret sites built during the Second World War to keep the country going.

Former BBC journalist and author Colin Philpott’s book tells the stories of places across the country, including the Harrogate district, that were built and used during the Second World War.

Between 1939 and 1945 standard buildings became spy bases, interrogations centres and even retreats for the Royal family.

The book describes a secret food depot near Flaxby. The food storage facility was one of 43 built across the country to store food in case the country’s supply lines across the Atlantic were cut off.

The site near the Knaresborough-York railway line is still standing now but as a distribution depot.

Another site locally was the secret aircraft factory built next to what is now Leeds-Bradford Airport. At the time it was the largest single-span factory space in Europe.

Hundreds of Lancaster Bombers were built on site. It is now Leeds-Bradford Airport Industrial Estate.

Colin Philpott

Colin Philpott

Mr Philpott said:

“What is fascinating about the story of secret sites in WW2 Britain is that so many were ‘hidden in plain sight’. Some were underground bunkers but most were above ground and relied on a combination of camouflage, deception and secrecy.

“‘In virtually every part of the country, including around Harrogate, you can pass by Second World War sites vital to the war effort without realising they’re there.”

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Mr Philpott will talk to adult learners from Rossett School about his new book in a virtual event on February 22.

 

Plans submitted for 400-home eco-resort at Flaxby

The developer that wanted to build 3,000 homes on the former Flaxby golf course has now submitted plans for a 400-lodge eco-resort on the site.

The Stray Ferret reported in November that Flaxby Park Ltd was considering an eco-resort as an alternative scheme for the site close to the A1.

It has now submitted plans to Harrogate Borough Council and claims the project could generate £53m a year of visitor spending and employ 460 full-time staff.

According to documents filed with the planning application, the eco-lodges are “intended to attract the most discerning visitors” and would have a focus on sustainability.

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

The documents say the “driving principle” behind the resort is to allow families to “reconnect with nature” in “an ecologically rich environment” using renewable energy. They add:

“The development of this unique, environmentally conscious eco-lodge holiday complex would generate significant benefits for the local economy and that of the wider region.”

The application accepts noise from the A1(M) “may be audible in certain areas of the site” but says trees will help to minimise the impact. It adds:

“Overall, the scheme proposed will promote a sustainable tourism and leisure development that will considerably strengthen the offer within the district.”

If planning permission is granted the developer says the resort could be built by 2024.

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An aerial view of the proposed resort.

The site of the former Flaxby golf course has had a tumultuous recent history.

There were plans to build a £7m, 300-bedroom five-star hotel on the site but the company behind the scheme filed for bankruptcy.

Current owner Flaxby Park Ltd bought the site in 2015 and hoped to build 3,000 homes but its hopes were dashed when Harrogate Borough Council chose Green Hammerton and Cattal as the location for the homes instead.

The controversial decision came to a head in October when Flaxby Park Ltd and Harrogate Borough Council contested a judicial review in London’s High Court.

The judge ruled the council’s decision to choose Green Hammerton and Cattal over Flaxby did not have to be made again.

Harrogate council U-turn reveals Flaxby legal costs

Harrogate Borough Council has confirmed it spent £57,360 on legal fees for the Flaxby judicial review, after initially refusing to reveal the figure.

The Stray Ferret sent the council a request under the Freedom of Information Act asking how much it had spent on the case, which was heard at the High Court in London in October.

But the council said the information was exempt from disclosure because its lawyers’ legal fees should remain private.

We requested an internal review of this decision. Joanne Barclay, acting chief solicitor for corporate services, has now overturned the council’s decision not to disclose and revealed the fee it paid.

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She wrote:

I have reviewed this matter and I consider that the legal fees relating to the Flaxby Park Limited case should be disclosed.

“Harrogate Borough Council has spent £57,360 on legal fees regarding Flaxby Park Limited’s judicial review. At the time, the Council responded to your EIR request, it was considered to be reasonable not to release information relating to third parties.

“However, upon further consideration the Council has decided that this information should be disclosed.”

During October’s judicial review, the judge, Mr Justice Holgate, rejected a request by the council to be spared costs. He also ruled the council should pay 15% of Flaxby’s costs.

A spokesperson for Flaxby previously told the Stray Ferret 15% would amount to a “significant five-figure sum”.

Harrogate council refuses to reveal High Court legal costs

Harrogate Borough Council has refused to reveal its legal costs for the recent three-day judicial review in London’s High Court.

The Stray Ferret sent the council a request under the Freedom of Information Act asking how much it had spent on legal fees for the case against property developer Flaxby Park.

But the council said the information was exempt from disclosure because its lawyers’ legal fees should remain private.

The council reply said:

“The counsel fees relate to the individual’s private life because counsel is a self-employed individual.

“Counsel would have the reasonable expectation that their personal data, their final salary for work done, is not disclosed into the public domain.

“There is a general expectation of privacy when submitting invoices for payment concerned with payment of salaries.”

Paul Brown QC, joint head of chambers at law firm Landmark Chambers, represented the council at October’s hearing.

Mr Brown is a local government specialist who has represented several councils at the High Court and Court of Appeal.

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During October’s judicial review, the judge, Mr Justice Holgate, rejected a request by the council to be spared costs. He also ruled the council should pay 15 per cent of Flaxby’s costs.

A spokesperson for Flaxby previously told the Stray Ferret 15% would amount to a “significant five-figure sum”.

But the council said Flaxby had not yet submitted a claim for costs.

Flaxby claimed the council’s decision to choose Green Hammerton and Cattal rather than Flaxby as the site of a new 3,000-home settlement was based on a flawed process.

Mr Holgate ruled in the council’s favour by saying the decision did not have to be made again.

But the judge ordered the council to vote again on its Local Plan to correct a legal flaw.

The Stray Ferret has requested an internal review of the council’s decision. This should be completed in 40 working days.

 

Green Hammerton gets final approval for 3,000-home settlement

The long-running saga over where to build a 3,000-home settlement in the Harrogate district appears to be over, with Green Hammerton selected ahead of Flaxby.

Harrogate Borough Council last night voted to adopt its Local Plan, the planning blueprint for the district, which includes Green Hammerton as the site of the new settlement.

It was the second time the council voted on the matter, after a High Court judge last month ordered it to do so again.

Just like last time, the full council voted in favour of Green Hammerton, this time by a near-unanimous decision.

This appears to have ended any hopes of building at Flaxby, near the A1.

Nick Brown, Conservative councillor for Bishop Monkton and Newby, was the only person to vote against the recommendation.

Cllr Brown said he felt Flaxby was a more sustainable option and he would therefore vote against the Local Plan. He said:

“Flaxby is the best site still, and I feel saddened for the thousands of residents in Green Hammerton who will be so badly and necessarily affected by the new town site.”

Norman Waller, Conservative councillor for Marston Moor, abstained.

High Court battle

Mr Justice Holgate ordered the re-vote after a three-day judicial review between the council and Flaxby Park Ltd, which planned to build on the former Flaxby golf course.

The judge ruled in the council’s favour by saying the decision to select Green Hammerton did not have to be made again.

But he said the council had to vote again to adopt its Local Plan after considering a report known as a strategic environmental assessment, which was not put before the full council when the plan was first adopted in March 2020.

The judge said this “legal flaw” invalidated the adoption of the Local Plan.

Before the vote, cabinet member for planning councillor Tim Myatt conceded that Flaxby Park Ltd “landed a punch” on the issue of the strategic environmental assessment, but he added it was a “procedural error” that could be rectified.

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He said he hoped councillors “share my regret” that they were being asked to vote on the Local Plan again, after less than a year.

He added:

“The reason we are here is simple. A site developer was unsuccessful with a proposal for a new settlement in the district.

“When the planning inspector didn’t provide the result they wanted, they went to a judicial review to try and quash the new settlement policies within the plan. If that had happened our Local Plan would have fallen in total.

“The Local Plan process was a long and complicated one. Many controversial decisions about where homes would be built had to be made. There were few easy decisions.

“Across the district, we’ve seen the impact of not having a plan can have, but that does not mean getting an agreement on a plan is or was easy.”

Now councillors are satisfied the report would not have affected their decision to choose Green Hammerton over Flaxby, it should finally put to bed the question of where the new settlement will be built.

A public consultation on options for the Green Hammerton / Cattal settlement will run until January 22.

 

Flaxby and Green Hammerton saga could be concluded next week

A report evaluating the environmental implications of building 3,000 homes in either Green Hammerton or Flaxby will be considered by councillors next week.

It follows a High Court ruling last week in the long-running saga about Harrogate Borough Council’s decision to choose Green Hammerton over Flaxby as the site for a major new settlement in the district.

Mr Justice Holgate ruled in the council’s favour by saying the decision did not have to be made again.

But he said the full council did have to consider the report, known as a strategic environmental assessment, before it could proceed.

The council has wasted no time preparing the document: its cabinet will meet on Wednesday to decide whether to adopt the report as part of its Local Plan. The full council will then vote on it later that day.

If councillors are satisfied the report would not have affected their decision to choose Green Hammerton over Flaxby, it would correct the “legal error” that Mr Justice Holgate identified in the judicial review and finally put to bed the question of where the new settlement will be built.

Legal costs

The judge did, however, order Harrogate Borough Council to pay 15% of the legal costs of Flaxby Park Ltd, which brought the case against the council, as well as its own.

A spokesperson from Flaxby Park Ltd told the Stray Ferret it expected the council would have to pay it a “significant five-figure sum”.

The Stray Ferret has asked the council how much it estimated its legal costs to be. The council replied it did not yet have a final figure.

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Public consultation

Meanwhile, a public consultation on the Green Hammerton/Cattal settlement proposals is running until January 22.

Following the judicial review judgement last week, campaign group Keep Green Hammerton Green released a statement urging the council to pause the consultation due to impending local government reorganisation and government planning reforms.

A council spokesman said:

“There are no plans to stop the current consultation on the development plan document.

“We urge residents and community groups to continue to share their views on what specific requirements are needed to deliver these much needed new homes for existing and future residents of the district.”

Could Flaxby now become a 400-lodge eco-resort?

The owners of the former Flaxby golf course could attempt to create a 400-lodge eco-resort on the site after their hopes of building 3,000 homes there were dashed last week.

A High Court judge ruled last week that Harrogate Borough Council’s decision to choose Green Hammerton over Flaxby as the site of a new 3,000-home settlement does not have to be made again.

This decision could prompt Flaxby Park to instigate alternative plans to transform the site into a tourism resort.

A report published by planning consultants Lichfields on behalf of Flaxby Park this year outlines a vision to transform the golf course, which closed in 2015, into a “sustainable eco-resort”.

The report claims the resort could generate £35m a year of visitor spending and employ 600 full-time staff.

As well as the 400 eco-lodges, the proposals include an indoor sports area, paddle boarding and boating, a swimming pool, a spa, shops and restaurants.

An aerial view of the Flaxby site.

According to the report, the “driving principle” of the resort is to allow families to “reconnect with nature, providing an ecologically rich environment” using renewable energy.

It says:

“The development of this unique, environmentally conscious eco-lodge holiday complex would generate significant benefits for the local economy and that of the wider region.”

Plans for the eco-resort have not yet been submitted to the council, but they would be a major addition to district tourism if they came to fruition.

A spokesperson from Flaxby Park confirmed to the Stray Ferret the eco-resort was a potential option for the golf course.

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Flaxby Park Ltd has owned the site since April 2016. Previous owner the Skelworth Group had planning permission to build a 300-bedroom, five-star hotel but the company went out of business before the plans materialised.

In separate plans, Harrogate company Forward Investment already has outline planning permission for an eco-friendly business park immediately south of the golf course at the junction of the A59 and A1M.

 

 

Flaxby fails to stop Green Hammerton development at High Court

A High Court judge has ruled that Harrogate Borough Council’s decision to choose Green Hammerton over Flaxby for up to 3,000 homes in the district does not have to be made again.

The developer, Flaxby Park Ltd, argued at a Judicial Review last month that the council’s decision to choose Green Hammerton for 3,000 homes was based on a flawed process.

Representing Flaxby, Christopher Katkowski QC raised three objections about the way the council came to make their decision.

He said:

  1. Environmental and sustainability assessments were not brought back before councillors to help them make a decision.
  2. The council failed to include an additional 630 hectares of land in the assessment of Flaxby as a broad location.
  3. The Green Hammerton proposals were not financially viable.

In a judgement published today, Mr Justice Holgate ruled in favour of HBC on the second and third points. However, he said that an environmental and sustainability report regarding the proposals would have to go back before the full council.

He said because this report wasn’t produced at the time, it “rendered unlawful” the new settlement policies at the adoption stage of the Local Plan. It means the council will have to vote again to rectify the “legal error” to address the issue of the sustainability report.

The judgement could potentially put to bed what has been one of the most bitter planning disputes to hit Harrogate in decades.

In his conclusion, Mr Justice Holgate said:

“In my judgment there was no error in the local plan process up to and including the conclusion of the examination process.”

Harrogate Borough Council welcomed the judgement and said an updated sustainability report will be brought to full council “as soon as possible”.

A council spokesman said:

“The judge is clear there were no flaws in the development of the local plan, the process was fair and equal, and that sufficient evidence had been put forward in relation to the new settlement.

“He has ruled that the plan does not need to be quashed in part, or full, saying that would be ‘wholly unjustifiable’.

“The court’s view is there was a single procedural issue because specific attention was not drawn to an updated sustainability appraisal when adoption of the local plan was discussed by councillors, even though the document was in the public domain at the time.

“The judge stated that although Flaxby Park Limited has been successful, in-part, to Ground 1 they had mounted a ‘time-consuming and costly attack on the local plan process’ and had ‘failed in achieving what was plainly the main object or thrust of the challenge.”

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Flaxby Park Ltd released a statement to the Stray Ferret this afternoon also claiming victory.

Chris Musgrave, chief executive at Flaxby Park Ltd, said:

“Flaxby Park Limited (FPL) are delighted that we have been successful in winning our Judicial Review challenge.

“HBC did not take into account vital information such as the sustainability appraisal and the detail of the consultation process. As a result, the councillors did not have all of the relevant information which would allow them to form a sound judgement on the merits of the community settlement issue.

“Council officers have a duty to provide council members with the fullest information and this has not been the case. As a result, the decision making of elected officials in the context of Flaxby Park has been flawed.

“The judgement by Mr Justice Holgate has confirmed that HBC acted unlawfully by adopting the Local Plan and we note that an order has been made by the Judge for HBC to pay their own legal costs as well as a proportion of the costs incurred by FPL. This speaks volumes as to the validity of our successful legal challenge.”