A High Court hearing into Harrogate Borough Council’s decision to pick Green Hammerton over Flaxby for its local plan has begun today.

Mr Justice Holgate opened the judicial review case, which is being held remotely due to coronavirus.

Representing the developer, Christopher Katkowski QC set out his submission that sufficient comparisons were not made for both sites early on and that assessments did not show that the Green Hammerton site was viable.

He said that the Flaxby site was not given “equal treatment” to the council’s eventual preferred option of Green Hammerton.

Mr Katkowski said there was no “apples and apples” sustainability assessment of the sites as “broad locations” before the local plan was submitted for examination to the planning inspector.

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He told the hearing that, despite the comparison being made later, the work was carried out under officer delegation and was not put before councillors to reconsider.

He said:

“Councillors should have been given the opportunity to consider this work at a stage when it could have made a difference.”

Mr Katkowski also told the court that assessments in front of the inspector showed the Green Hammerton location was “marginal” in terms of viability.

He added that Oakgate, one of the promoters of the site, had submitted a confidential assessment to the council but this was not put in front of the inspector.

Mr Katkowski said it was either “perverse” that the inspector concluded that the site was viable with the information available to him or “perverse not to call for sight of the assessments to reach a properly informed judgement”.

Paul Brown QC, representing Harrogate Borough Council, said officers had delegated powers “through the examination period” up until the inspector’s report was returned to the council.

Mr Brown said both the submission of the plan and the adoption were made by councillors, but delegated powers would need to be used for other decisions for practicality reasons.

He said:

“It does not follow that because the process is bookended by those two decisions that everything between those points must be.”

Mr Brown added that planning officers considered both sites following the second comparison and other reasonable alternatives.

He said his “overarching submission” was that there was nothing unlawful in the delegation of powers to officers.

Mr Brown will continue his submission tomorrow (October 28). The hearing continues.

This week, a judge at the High Court in London will decide whether Harrogate Borough Council’s decision to choose Green Hammerton and Cattal ahead of Flaxby for a major expansion of housing in the district was unlawful.

If the ruling goes against the council, it could mean the decision has to be made again.

It is a saga that has rumbled on for years with many twists and turns. Below is a timeline of events so far.

August 2003: North Yorkshire County Council sells land at Green Hammerton to farmer Derek Pickles. When the council sold the land, there was a covenant attached that said if planning permission were granted within 30 years for any other use of the site, a “clawback” would apply. This would result in NYCC receiving 70% of the uplift in the land’s open market value.

2008: Farming family the Armstrongs sells Flaxby golf course to the Skelwith Group for £7m, which then publishes plans for a 300-bedroom five-star hotel on the site. The golf course and hotel would be called Flaxby Country Resort and is touted as the “jewel in Yorkshire’s tourism crown” and even a future host of the Ryder Cup.

March 2010: Harrogate Borough Council grants planning permission for the hotel but building work never begins. Despite this, 158 buy-to-let rooms in the hotel are sold to investors.

An artist’s impression of the doomed Flaxby hotel.

May 2014: The government rejects Harrogate Borough Council’s Local Plan for the district, after years of preparation. The council begins the process of identifying more sites for housing.

November 2014: Skelwith Group abandons plans to build a hotel and draws up new proposals to develop Flaxby into a new town of up to 2,500 homes.

March 2015: The golf course closes.

January 2016: Skelwith goes into liquidation. A report from administrators RSM Restructuring says the company owed almost £70m, including £51m to HMRC and £7m to former owners the Armstrong family.

April 2016: Flaxby Park Ltd, a company made up of businesswoman Ann Gloag and regeneration specialists Chris Musgrave and Trevor Cartner, purchases the 260-acre golf course site from administrators. Their new proposals include 2,750 homes and a rail link at Goldsborough.

Summer 2016: HBC launches a “call for sites” where landowners can put forward sites that could potentially fit a new settlement. Both Flaxby Park Ltd and CEG Group propose separate developments at Flaxby and Green Hammerton.

November 2016: HBC’s draft Local Plan identifies two locations for a new settlement: Flaxby and Green Hammerton/Cattal.

April 2017: CEG Group publishes a “vision document” for 3,000 homes at Green Hammerton.

A CGI image from the CEG proposal at Green Hammerton.

July, August, September 2017: A consultation is held where CEG’s Great Hammerton plans are presented as the preferred option over Flaxby Park.

November 2017: Flaxby Park Ltd submits a planning application for the 2,750-home development to HBC.

December 2017: At a full council meeting, councillors agree to submit the Local Plan to the Planning Inspectorate, including Green Hammerton as the area for the new settlement.

January and February 2018: HBC holds a public consultation on this decision. Campaigners in Green Hammerton deliver more than 600 objections against it.

Campaigners deliver Green Hammerton objections to HBC.

June 2018: CEG Group formally submits its plans to HBC for Green Hammerton.

August 2018: Harrogate Council submits its Local Plan for independent examination.

February 2019: Oakgate Group, part of Wetherby-based property developers Caddick, submits plans for a rival proposal called “Maltkiln Village” at Cattal.

The “Maltkiln Village” proposal around Cattal railway station.

March 2020:  HBC adopts its new Local Plan with Green Hammerton/Cattal identified as the location for a new settlement.

October 7, 2020: HBC agrees to press ahead with a consultation on 3,000 new homes at Green Hammerton/Cattal. Its “preferred option” is land around Cattal rail station.

October 13, 2020: HBC’s planning committee rejects the 2,750-home Flaxby development. The other two applications – by CEG and Oakgate Group – are yet to be decided by the committee.

October 27, 28 and 29, 2020: The High Court judicial review will take place on the Flaxby decision.

The Stray Ferret will be covering the Judicial Review this week at the High Court. Check our website for the latest updates, or subscribe to our newsletter to get a daily round-up direct to your inbox.

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.

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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.

Harrogate Borough Council is preparing a public consultation on the location of 3,000 new homes to be built near the villages of Green Hammerton and Cattal.

Planning consultant Gillespies has produced a report for the council setting out three possible sites for the development, including a preferred option on land south of Cattal train station.

Along with the housing, the plans include two new primary schools, employment space and retail units.

HBC’s cabinet will meet on Wednesday to discuss the report and potentially approve a consultation that would begin later this year.

In February, developers Oakgate Group submitted plans to HBC for Maltkin Village, a scheme near to Cattal.

The three new settlement options to be discussed by the cabinet on Wednesday are below. The orange colour indicates where the new housing would be built, green indicates green spaces and purple indicates employment space. Blue shows where the “local centre” of the development would be.

Meanwhile, plans submitted in 2017 for 2,750 new homes at Flaxby which were due to be discussed by planners on Tuesday will now be heard at a later date. The developer, Flaxby Park Ltd, had not been informed of the committee date due to a “technical error”.

A council spokesperson said “as a gesture of goodwill” the authority would offer the developer more time to prepare. A new date is yet to be set.

Option One

This option focuses on the area north of the railway line between Cattal and Hammerton train stations and incorporates the village edges of Green Hammerton and Kirk Hammerton.

Option One – ‘Central Focus’

Option Two

This option focuses on the area north of the railway line around Cattal station, with the majority of the development located south of the A59.

Option Two – ‘North of Cattal Station Focus’

Option Three

This option focuses on the area around Cattal station expanding towards the south and southwest of the railway line. This is the current preferred option, according to the report to be discussed by the cabinet on Wednesday.

Option Three – ‘Cattal Station Focus’

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‘Clawback’

A report written in 2017 by Gary Fielding, corporate director for strategic resources at North Yorkshire County Council, revealed that the county council would make money on some land at Green Hammerton if it were developed.

The report states that in 2003, NYCC sold land at Green Hammerton to farmer Derek Pickles. When the council sold the land, there was a covenant attached that said if planning permission were granted within 30 years for any other use of the property, a “clawback” would apply. This would result in NYCC receiving 70% of the uplift in the land’s open market value.

The land owned by Derek Pickles is highlighted in purple.

According to the report published by Gillespies, the land owned by Mr Pickles, which is close to the village of Green Hammerton, would primarily fall into options one and two and not the preferred option around Cattal train station.

Harrogate Borough Council adopted its Local Plan in March 2020 and chose Green Hammerton as the broad location for a new settlement in the district.

However, the choice has been contested by Flaxby Park Ltd, which wants to create a new village on a former golf course to the east of Knaresborough.

As reported in the Stray Ferret yesterday, Harrogate Borough Council will head to the High Court in London later this month for a judicial review that will decide whether or not the decision to choose Green Hammerton over Flaxby for a new settlement was unlawful.

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

A 38-acre employment site near Knaresborough that could support 2,000 jobs has been sold for an undisclosed fee.

Ilkey property developer Opus North and London-based fund manager Bridges Fund Management have bought the site from a private individual.

They say the development could make a “significant contribution” to the local economy.

The site, located south-west of junction 47 of the A1(M) near to Flaxby Park is allocated as an employment site in Harrogate Borough Council’s Local Plan, which sets out the area’s policy and planning framework until 2035.

The site benefits from existing planning permission for over half a million square feet of development for employment uses.

The two companies will now develop a masterplan for the site, alongside stakeholders including Harrogate Borough Council, which “maximises its job-creating potential”.

An Opus North spokesperson told the Stray Ferret a decision on what type of employment the site could support will be made at a future date.

An outline planning application will be submitted to HBC later this year.

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Ryan Unsworth, development director of Opus North, said:

“This is a site with clear potential to make a significant contribution to the local economy through job creation and also through the delivery of high-quality office and logistics accommodation to meet existing and future market demand.

“With our joint venture partner, we are in a position to bring this development to life and are looking forward to continuing our discussions with both the council and local stakeholders to create an exemplar development to address the local and regional shortages of employment space.”

Harrogate Borough Council has been accused of “steamrollering”  through plans to build a 3,000 home settlement at Green Hammerton.

After a bitter battle over where to build the new homes, HBC formally adopted its local plan in March and took the decision to build at Green Hammerton and Cattal, eight miles to the west of York.

HBC announced last week it is preparing a New Settlement Development Plan Document (DPD) ahead of a public consultation later this summer. The DPD will establish the boundary of the settlement, have details on the types of houses available and outline where new roads could be built.

Chris Eaton from the Keep Green Hammerton Green group told the Stray Ferret that the local community in Green Hammerton has not played a role in the formation of the DPD, which he said goes against promises made by the full council when the Local Plan was adopted.

He said residents were “hugely disappointed” to read the DPD update.

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He said:

“Harrogate Borough Council continue to pay lip service to their obligations and steamroller their policies through without meaningful consultation or involvement of the local communities.

“This means residents having a genuine role in deciding where the boundaries of the new settlement should lie within the so-called Green Hammerton/Cattal broad location. Consultation on a proposal already made by council planners without that stakeholder input would not be the stakeholder engagement promised.

“Whilst we realise the present pandemic has placed constraints on dialogue with council officers, the proper placement of the new settlement is too important a decision to be made with undue and unnecessary haste. We would urge planning officers to ensure that what is termed a consultation strategy does indeed mean residents having a say in the DPD right from the outset.”

A council spokesman told the Stray Ferret that HBC has been designing a “consultation strategy” with local parish councils and residents’ groups.

He said:

“We’re working up a consultation strategy with parish councils and interested residents’ groups ahead of a consultation in the autumn.

“We have received helpful suggestions from local groups and we will be back in touch shortly confirming our approach to ensure as many people are aware and involved as possible.”

The new settlement was originally planned for Flaxby on the outskirts of Knaresborough. In May, Flaxby Park Ltd, the developer behind the Flaxby site, launched a judicial review into HBC’s decision.

Speaking to the Stray Ferret last week, former Harrogate & Knaresborough MP Phil Willis questioned the decision to build at Green Hammerton.