Harrogate council threatens vicar with criminal charges in planning row

Harrogate Borough Council has threatened a vicar with criminal charges in a planning row over a stone plaque at a church near Pateley Bridge.

Reverend Darryl Hall became embroiled in the dispute after parishioner and builder Carl Foxton made the plaque, along with several others for sites across the Harrogate district.

Mr Foxton, who is in his late 70s, made this latest plaque to welcome people to Bewerley Grange Chapel, which was built by Marmaduke Huby, the abbot of Fountains Abbey from 1495-1526

Mr Foxton’s work can be found attached to the wall outside the church, which is a listed building.

Revd Hall believes the wall is not part of the listed structure of the church and therefore the plaque should stay but the council disagrees.

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Andrew Lancashire, the council’s planning enforcement officer, has written to Revd Hall requesting the plaque’s removal. Mr Lancashire wrote:

“The Local Planning Authority consider that this work is a criminal offence under section 9 of the Planning Act 1990.

“I am requesting that the plaque is removed, including all stone work to construct it and that the wall is repaired and put back to how it was.

“I have consulted with the Council Heritage Officers and there is no support to retain the plaque.”

The letter goes on to give the vicar until May 31 to respond, otherwise the council has said it will be forced to take formal action.

Revd Hall, who is the Dales Vicar in Upper Nidderdale, told the Stray Ferret:

“I was blown away by the plaque, it is stunning. We would like to have something that welcomes people here.

“So it is frustrating. To think that I am going to have to go to Carl and tell him that it will have to come down.

“When I read the letter I was absolutely shocked. A criminal offence? It’s a beautiful piece of art, I have not heard anyone say anything bad about it. I have lost sleep over this row.”

A Harrogate Borough Council spokesperson said:

“The stone plaque has been installed in a wall that forms part of a listed building.

“This is an offence under the Planning (Listed Building and Conservation Area) Act 1990 and must therefore be removed.”

Plans submitted to build 28 homes in Bishop Monkton

Developers have submitted plans to build 28 homes in the village of Bishop Monkton, near Ripon.

Kebbell Development, which is based in Buckinghamshire, has lodged the proposal for land at Knaresborough Road in the village.

The plans submitted to Harrogate Borough Council would see two, three, four and five-bedroom homes built on the site.

In its plans, the developer said 40% of the homes proposed for the site would be allocated to affordable housing.

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It added that the homes would be in keeping with the local area and that the development will “positively contribute” to the community.

The site on Knaresborough Road in Bishop Monkton which has been proposed for housing.

The site on Knaresborough Road in Bishop Monkton which has been proposed for housing.

A decision on the proposal will be made by the council at a later date.

The development comes after Alfa Homes, a sister company of Wetherby-based developer Berkeley DeVeer, lodged plans for 98 homes in the village.

The 98 homes have been proposed for the western edge of the village on Knaresborough Road and Moor Road.

Harrogate council apologises after wrongly threatening council tax payers with court

Harrogate Borough Council has apologised for wrongly sending letters to residents threatening them with court action for not paying council tax.

A Harrogate resident, who asked not to be named, alerted the Stray Ferret to the council letter dated May 21.

The letter asked for three months of council tax instalments and threatened a court summons, plus costs, if payment wasn’t received by Friday this week.

However, only two months of council tax, April and May, were due by that date, which meant the demand for June’s payment was made prematurely.

The source claimed the local authority’s council tax department had been “overrun with angry council taxpayers” who had received similar letters.

He described the episode as “an administrative cock-up”, adding:

“At a time when many people are struggling financially and being faced with a council tax increase above the rate of inflation, I wonder why Harrogate Borough Council didn’t check their facts more carefully before acting in such a heavy-handed way?

“Even if the figures were correct in the first place they should be showing more consideration towards people and trying to help rather than intimidate them.”

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A council spokesman said:

“Unfortunately, residents who receive council tax reminder notices, have this month been issued with the wrong payment figure. It incorrectly included the June instalment figure as well as May.

“Anyone who received this reminder notice will receive a replacement notice in the next couple of days. We’d like to apologise for any confusion or inconvenience this has caused.”

The Stray Ferret has asked how many people received the demand for June’s payment but the council has so far declined to reveal the information.

Calls for greater action on hundreds of empty homes in Harrogate district

There are calls for greater action to reduce the number of homes lying empty across the Harrogate district while thousands of residents remain stuck on the social housing waiting list due to a “desperate” lack of affordable properties.

Official data shows 774 homes have sat empty for more than six months – a figure which has fallen slightly from 838 in 2019 but councillors and campaigners say must come down at a more dramatic rate in order to get to grips with the housing crisis.

About 1,700 households are in the queue for council housing, and with property prices reaching record heights the fear is many may be stuck there for some time unless greater action is taken by Harrogate Borough Council.

The council itself has previously said there is a “desperate” need for more affordable properties but has defended its record on empty homes, with its cabinet member for safer communities and housing, councillor Mike Chambers, saying “every effort” is made to work with landlords and that tougher action is taken whenever necessary.

Councillor Chambers said:

“In the last two years, through this proactive approach, we have seen a 25% reduction of properties empty for more than five years.

“Our dedicated empty homes officer is working hard to identify empty properties, engage with owners and look at what else can be done to increase this reduction.

“It is important that everyone living in Harrogate district has the opportunity of a decent and quality home. We are committed to providing this and have a number of plans in place – such as requiring developers to provide a specific amount of affordable housing as well the aims of our own housing company Bracewell Homes – that will support local people into affordable rented homes or to get on the property ladder.”

Over the last 12 months, the council has carried out just two compulsory purchase orders where efforts to bring empty homes back into use have failed and legal action is taken against landlords as a last resort to force them to sell their properties.

The opposition Liberal Democrat group on the council said a stricter approach on compulsory purchase orders was needed to reduce empty homes, which are “compounding deeply entrenched problems” including high property prices, the lack of affordable homes and long stays in temporary accommodation.

Liberal Democrat leader councillor Pat Marsh said:

“I know there is a cost to compulsory purchase and the refurbishment of properties, but it still must be cheaper than buying on the open market and it means less green space being taken away.

“Alternatively, the council could actively build houses on land it owns, such as at Pannal.

“We cannot stand by and allow people to live in bed and breakfast or hostel accommodation for weeks on end and then the only accommodation we build is temporary on Spa Lane in Starbeck. People need homes on a permanent not temporary basis.

“With 1,700 people on the waiting list we need action now. Relying solely on the delivery of affordable homes from planning permissions for large development is never going to address this issue.

“When will this council start to take the issue of homelessness and lack of affordable housing seriously?”

What is the national picture?

Action on Empty Homes, which is England’s leading campaign group on the issue, has published figures which show numbers hit a record high in 2020 with 268,385 long-term empty homes across the country.

It is calling on the government to launch a national empty homes strategy backed by a £200m fund and new powers to support local authorities.

Through this fund, it wants to see a streamlining of compulsory purchase orders powers and more cash for community-led projects that sustainably refurbish long-term empty homes.

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Speaking earlier this year, Will McMahon, director of Action on Empty Homes, said:

“In 2020 there was a 20% rise in long term empty homes numbers with increases in nine out of every ten local council areas. That is a national scandal of wasted homes that mirrors our national housing crisis – and that calls into question why these homes are not being brought back to use to help address that.

“That’s why we call for a new programme of government investment and why we back local councils’ calls for better and simpler powers to act where owners and landlords won’t or can’t.”

Why are homes left empty?

There are numerous reasons properties can lie empty. In some instances, landlords cannot afford to renovate their property to sell or rent out.

Properties may also have been inherited and the new owners don’t know what to do with them. Rentals can also fall below safety standards which means they sit vacant until the problems are fixed.

What else can be done? 

As well as carrying out compulsory purchase orders, the government has also given councils powers to charge an additional 100% council tax on properties that have been empty for two years.

Empty Dwelling Management Orders can also be issued for long term empty properties that are attracting vandalism and causing a nuisance to the community.

Pannal Ash residents’ faith in planning process ‘severely tested’ by rush to approve 200 homes

A residents group has said its faith in the planning system is being “severely tested” over the rush to approve a controversial 200-home development at the former Police Training Centre in Pannal Ash.

An HBC report recommends councillors approve the application on Yew Tree Lane by Homes England at next week’s planning committee.

It was due to be considered last month but was withdrawn from the agenda at short notice.

The withdrawal came after Harlow & Pannal Ash Residents Association said it had received both written and verbal assurances by Harrogate Borough Council officers the application would not be decided until a document known as the West of Harrogate Parameters Plan is agreed.

The parameters plan will assess transport and infrastructure needs associated with plans to build up to 4,000 homes on the western side of Harrogate. It was expected last year but has been delayed.

A HAPARA spokesman said:

“Although the council accept that the parameters plan is a ‘material consideration’ in this application, no definitive plan exists at this time so it is illogical, let alone bad faith, to bring this matter to a decision at this time.

“We cannot understand the rush to judgement on this application, considering the time normally taken for decisions on major developments. Our confidence in the council’s consultation process and indeed the Local Plan process itself, is being severely tested.

“We are writing to all members of the planning committee to urge them to defer the item to a later committee.”

Several residents who objected to the plans were not told about last month’s planning meeting and nobody from the group was invited to speak against the plans.

The council admitted it had made an error and withdrew the item on the agenda.

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The Police Training Centre site is earmarked for 161 homes in the council’s Local Plan, which outlines planning in the Harrogate district until 2035. It is called H36. The current application is for 200 homes.

A council spokesman said:

“Although there is no policy requirement for site H36 to prepare the WHPP or wait for its completion, the site is located within the geographical area of the WHPP. As such, work undertaken to date – including discussions with infrastructure providers – is a material consideration in the assessment of this new application on H36.

“Accordingly, the applicants have included provision of a segregated cycleway to link up with other west Harrogate sites and will be making transport improvements/contributions that take into consideration the impact of all of the sites within the west Harrogate area.

“Site H36 is a brownfield site with an extant permission (14/02970/FULMAJ) for 161 new homes and forms part of the council’s housing land supply position. Homes England acquired the site because it had stalled and they are seeking to unlock it as part of their housing delivery role.

“The current application has been with the council since June 2020 and full public consultation has been undertaken, with responses considered as part of the planning application process.

“Our position on the determination of the current application for site H36, in the context of the WHPP, has been explained directly to HAPARA and is set out within the report to members of the planning committee”.

 

Explainer: How the Harrogate Station Gateway survey paves the way for major change

The long-awaited results of a public survey have paved the way for the next stages of the £7.9m Gateway project – but how exactly did Harrogate vote?

North Yorkshire County Council has this week revealed the consultation results which will form the basis of the next stages of the project including the drawing up of detailed designs and a business plan.

But with controversial changes on the table including pedestrianisation and the removal of traffic lanes and car parking spaces – what proportion of residents are actually backing the plans?

Here are the numbers:

Out of 1,101 respondents to the survey held in February and March, 45% voted in favour of fully pedestrianising James Street, while 32% said no changes should be made and 17% backed a partial pedestrianisation.

The remaining 6% of respondents gave no preference for the street.

These results suggest a majority of residents (62%) support pedestrianisation of some sort – whether full or partial – in what marks a major step forward for the idea which has been mooted for years.

For Station Parade, 49% favoured an option to reduce traffic to one lane, while 27% said it should stay as two lanes and 24% said neither option was workable.

Residents were also asked if they felt positive, negative, neutral or didn’t have an opinion on other parts of the project. Here is how they voted:

– Cycle lanes for East Parade (58% positive, 29.3% negative, 12.2% neutral and 0.5% didn’t know)
– Improvements to public spaces at One Arch (70.9% positive, 13% negative, 14.3% neutral and 1.8% didn’t know)
– Improvements to public spaces at Station Square (59.5% positive, 31.2% negative, 8.9% neutral and 0.4% didn’t know)

What is the aim of the Gateway project?

The project is being backed by the Department for Transport’s Transforming Cities Fund which aims to make it easier, safer and quicker for people to travel on foot, by bike or on public transport by improving connections in town and city centres.

In Harrogate, the aim is to give greater priority to these modes of transport with better connections to the train station, bus station and other key parts of the town.

It is also hoped these changes will result in a reduction in carbon emissions from fewer cars on the road, as well as boost to the economy with shoppers spending more time in the town centre.

There are, however, questions over what impact the removal of traffic lanes and car parking spaces will have on business and the roads.

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What are the concerns?

The worry from some residents and businesses is that the removal of parking spaces and traffic lanes will mean busier roads and fewer shoppers.

In a joint statement released this week, Harrogate BID, Harrogate District Chamber of Commerce and Independent Harrogate said they were “disappointed that our collective voices have not been listened to” and that they felt what was being proposed would have a “hugely damaging effect” on trade.

They said: “Despite many feeling the outcome is already a done deal, we will continue our dialogue with local councillors and officers, as the final outcome will change the face of Harrogate town centre forever.”

On the flip side, transport officials at North Yorkshire County Council say case study evidence suggests that improvements to public spaces can boost footfall and trading by up to 40%.

They said in a report: “It is often assumed that more parking is the answer to struggling high streets.

“However across Europe, studies have linked the quality of public spaces to people’s perceptions of attractiveness of an area, contributing towards their quality of life and influencing where they shop.”

“Evaluations of pedestrian improvements in Coventry and Bristol show a 25% increase in footfall on Saturdays and predict £1.4million benefits respectively.”

What will the impact be?

The report published earlier this week also concluded that in a “worst case scenario” reducing Station Parade to one lane would increase average journey times by 53 seconds or 1 minute 14 seconds with James Street fully pedestrianised also.

It added the partial or full pedestrianisation of James Street would result in the loss of 45 out of 915 on-street pay and display spaces currently in operation across the town centre.

Currently, at peak occupancy, it is estimated there are 120 on-street spaces unused.

A separate report published by consultants WSP concluded in another “worst case scenario” estimate that the project could result in increased carbon emissions from diverted vehicles having to make longer journeys.

It added, however, that the “transformational change” from the scheme has the potential to “unlock further behavioural change” with more motorists choosing to travel by foot or bike instead of car.

The magnitude of the possible increase in emissions – around 1,400 tons of CO2 over 60 years – was also said to be “unlikely to be considered significant in the context of regional and national emissions targets”.

What do the politicians say?

Harrogate Borough Council has worked closely with the county council on the Gateway project. The authority’s cabinet member for carbon reduction and sustainability, councillor Phil Ireland, said earlier this week that the survey results were a positive step forward and set Harrogate on path for a “21st century travel network”.

He said: “It’s positive to see that the proposals for sustainable alternatives to the car, and an improved and exciting public realm, have significant support from residents, businesses and visitors alike.

“The benefit of carrying out a consultation early on in the process is that we have everybody’s feedback and ideas to feed into the next phase of detailed design work.

Meanwhile, councillor Don Mackenzie, the county council’s executive member for access and transport, said the next steps of the project would take into account the feedback which had been received.

He said: “We are grateful to everyone across each of the towns who took the time to share their views in the consultation. We have listened.

“The next steps we are considering take into account the feedback we have received. They take account of concerns raised while providing significant benefits to facilitate and encourage people to cycle and walk.

“There will, of course, be further consultation on detailed proposals before final decisions are taken.”

What’s next?

Under the next stages of the project, county councillors will be asked to progress the plans at an executive meeting on Tuesday (25 May). Further public consultation will then take place in autumn following the development of detailed designs and a business case.

Subject to a final approval, the aim is for construction to begin by summer 2022 with completion in 2023.

Spofforth residents ‘not surprised’ by 72 homes appeal

A leading figure in the fight against plans to build 72 homes in Spofforth has urged the government to reject it as the battle was reignited this week.

Yorkshire Housing has challenged Harrogate Borough Council’s decision to reject its proposal for the site on Massey Fold.

The developer already has outline permission to build on the site but councillors turned down an application for appearance and landscaping in November.

Chris Heslop, a third-generation farmer and parish councillor in the village, said the development would turn the village into a “carbuncle of urban sprawl” when it went before the council.

Speaking yesterday, he said he wasn’t surprised Yorkshire Housing had challenged the decision, which will now be decided by the government’s Planning Inspectorate.

Mr Heslop said:

“I just hope that during the appeal they uphold the decision that was made. There is nothing really we can do about it.

“Spofforth needs housing and it needs a level of low-cost housing, but this would not meet those needs.”

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More than 300 local people and organisations, including Natural England and Yorkshire Wildlife Trust, have raised concerns about the scheme.

In its decision notice, the council said the plan would have a “detrimental urbanising impact upon the character and setting of Spofforth”.

But, in a statement of case by planning lawyers Walton & Co, which is representing the developers, said the “solitary” reason for refusal was “expressed in generic language”.

It said:

“It is therefore unclear which particular aspect of the layout or design of the proposed scheme is considered to give rise to such impacts, and the assertions made in the reason for refusal are entirely unsubstantiated.”

A decision on the appeal will be made by the government at a later date.

Investigation into hole in the ground at Ripon Leisure Centre

Harrogate Borough Council is to investigate a hole in the ground that’s appeared at Ripon Leisure Centre.

In a report due before senior councillors next week, the authority said it is required to investigate the “void in the ground” in order to retain its business insurance on the building.

The city has a history of sinkholes caused by the soluble of nature gypsum, the rock that lies under much of the area.

Construction firm Willmott Dixon was awarded a £10.2 million contract last year to build the pool and refurbish the leisure centre. It is due to be complete in November 2021.

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The hole was discovered next to the entrance of the existing leisure centre last year and has been filled with crushed gravel as a short-term solution.

However, consultant engineers have told the council that further investigation will be required and remedial work if necessary.

The current insured value of the centre is £3,796,135 plus 10% contents, which the authority says would be lost should any damage be caused as a result of the work.

But, council officers have said this would be a “worst case scenario” and is considered to be an “unlikely event”.

In order to carry out the work, the council will have to self-insure as it says it will not be covered by any third-party insurance.

A report due before the council’s cabinet next week says:

“In order to retain the benefit of our existing insurance cover in the future, the council is obliged to mitigate known issues which could have an effect on this insurance cover. 

“The discovery of a void by the existing leisure centre is an issue which needs investigating and remedial works undertaken if necessary. 

“If the remedial works are not undertaken, the council’s insurers have stated that subsequent losses would not be insured. 

“However during the period of time these investigation and remediation works are ongoing they would not be covered by insurance therefore the council would have to self-insure for all non-negligent damage claims arising.”

It added that the engineers found that the hole had been there “for some time” and was not a result of the current work at the leisure centre site.

Councillors have been recommended to approve the investigation, which is estimated to cost £110,000, and any remedial works.

The Stray Ferret asked the borough council what caused the hole to appear, how wide it was and if any further voids or sinkholes had been found.

A council spokesman said:

“As a result of the reduced level dig – to prepare the new swimming pool site – for the casting of the reinforced concrete foundation slab, a void was discovered under an area of the existing leisure centre.

“This void, which is understood to have been present a number of years, will now be investigated further.

“While this will need to be resolved, we are fortunate that it was discovered as part of the multi-million pound Ripon Leisure Centre improvement project, and we can now carry out the necessary remedial works in the coming months.

“And once the whole project is complete, the leisure centre will provide the much-needed modern facilities that will encourage a healthier and more active lifestyle for our residents and something they can be proud of for years to come.”

Concerns over the Leisure Centre site

Cllr Andrew Williams, leader of Ripon City Council, said the authority had asked the borough council about concerns over the site before.

Sixteen months before Harrogate council approved the project in 2019 to build the new swimming pool, a sinkhole appeared in the leisure centre car park.

Cllr Williams said:

“If there is ongoing problem with the build site then it is in the public interest to know.”

Ground instability problems caused by the soluble nature of gypsum have been seen in many parts of Ripon.

The Stray Ferret reported in October 2020 about the evacuation of a residential block at Bedern Court, caused by subsidence in the area.

In February 2018, a sinkhole opened up on the car park of Ripon Leisure Centre, off Dallamires Lane.

In 2016, a dozen homes in Magdalens Road were evacuated after a 66-ft wide sinkhole opened up.

Developers challenge Spofforth 72-home refusal

Developers behind a controversial 72-home plan in Spofforth have lodged an appeal against Harrogate Borough Council’s refusal of the scheme.

Councillors on the authority’s planning committee turned down the application by Vistry Partnerships and Yorkshire Housing in November last year.

At the time, more than 300 local people and organisations, including Natural England and Yorkshire Wildlife Trust, raised concerns about the scheme on Massey Fold in the village.

The proposal already has outline permission, but councillors rejected the application which dealt with the appearance and landscaping of the development even though a council report recommended approval.

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The council said the plan would have a “detrimental urbanising impact upon the character and setting of Spofforth”.

Now, the developers have taken the decision to the government’s Planning Inspectorate, which deals with planning appeals.

A statement of case by planning lawyers Walton & Co, which is representing the developers, said the “solitary” reason for refusal was “expressed in generic language”.

It said:

“It is therefore unclear which particular aspect of the layout or design of the proposed scheme is considered to give rise to such impacts, and the assertions made in the reason for refusal are entirely unsubstantiated.”

A decision on the appeal will be made by the government at a later date.

It becomes the latest Harrogate council planning decision to be challenged by developers.

Retail firm Euro Garages has also taken the authority’s rejection for a drive-thru Starbucks coffee shop on Wetherby Road to appeal.

The decision saw the planning committee go against council officer recommendations.

Last week, the authority decided to drop its defence of the refusal after officers said their previous recommendation would “undermine” their case and that losing also risked legal costs of more than £50,000.

Instead, residents will fight the proposal at a hearing on June 15.

Decision to let Walkers Passage grow wild divides opinion

Harrogate Borough Council has stopped mowing the grass around Walkers Passage to reduce anti-social behaviour and improve biodiversity.

Walkers Passage is a popular cut through between the Stray and Harcourt Drive.

Geoff Davy, a local resident, told the Stray Ferret the grass was previously mown “about a dozen times a year.”

But this year only narrow strips near the path have been mown. The rest of the small park is being allowed to grow long, a decision that Mr Davy criticised:

“It’s unpleasant to look at and it’s unpleasant to be in. Families and people with small children won’t come here to play.”

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A council spokesperson told the Stray Ferret the decision to stop mowing the grass had been taken for two reasons: to reduce anti-social behaviour, and to increase biodiversity.

Mr Davy said:

“It’s not working, letting that place go derelict. It’s not stopping anti-social behaviour and drug-dealing.”