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.

Read more:

• Flaxby fails to stop Green Hammerton development at High Court

• Flaxby vs Green Hammerton: the saga so far…

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.

Harrogate council has revealed the true cost of livestreaming in-person meetings – more than a year after councillors rejected the idea because of claims it would be too expensive.

The cost of equipment and installation will be £2,180 – considerably less than the “tens of thousands of pounds” which, in January 2020, conservative council leader Richard Cooper said the authority could not justify spending.

At the time, Liberal Democrat councillor Chris Aldred, who put forward the idea, offered to pay for it himself, but he was not supported and the predicted costs were never made public.

That was until Harrogate resident Jerry Diccox submitted a Freedom of Information request which was initially rejected by the council due to “commercial sensitivity” reasons but later overturned by the data watchdog ICO (Information Commissioner’s Office).

The findings in October revealed the council received three quotes, ranging from just over £5,000 to nearly £48,000.

The council had by then already made an enforced switch to livestreaming due to Covid restrictions, although meetings have been held remotely and not in-person during the pandemic.

But after the government this month instructed all councils to return in-person and said livestreaming should continue until at least 21 June, Harrogate council has now taken its first steps towards installing equipment in the chamber.

A council spokesperson said:

“The equipment has not yet been installed, but we hope it will be soon to enable the public to access meetings safely during the ongoing coronavirus pandemic.
“No decision has been taken on whether the facility will be made permanent for any, or all, meetings.”

Read More: 

• Harrogate Borough Council to continue livestreaming meetings
• Harrogate Borough Council accused of acting like a “secret state”

Councillor Aldred said he believes livestreaming should now continue indefinitely because the pandemic has shown there is a “clear” interest in people being able to watch meetings online rather than in person.

He also said the £2,180 cost of equipment is “tremendous value for money”.

He said:

“On 10 May I chaired the first face-to-face meeting of councillors since March 2020. Not one member of the public attended this meeting and as it was not streamed in any form, they can now never see the proceedings.
“Residents are being denied their right to see how their council tax is being spent – this can not be right.
“As well as streaming these meetings live, what must be preserved, for the good of democracy, is the ability to view them at a later date.”

Meanwhile, councillor Cooper, who previously spoke in favour of continuing some remote meetings, said it is wrong to compare the £2,180 cost with previous quotes on a “like with like” basis.
He said:

The quotes we had before ranged from a low-tech solution which required not much more than training to a complete solution with new equipment, training and a fully-managed service.
“The top figure of £48,000 was also for a three-year contract. A resident offered to do it for free via Twitter but then failed to come forward when invited to do so.
“We have gone with the cheapest option using technology we currently have and the cost is reduced further because of the expertise council staff have learnt during a year of streaming Teams meetings which, while different from live-streaming from the council chamber, has similarities which can be transferred to a new basic system.
“I still think that over £2,500, including VAT, is a lot of money when community groups, charities, the homeless and businesses need every bit of support we can give, but fortunately one of our councillors – Chris Aldred – offered to pay for the new system and I am very happy to take him up on his kind offer.
“It is very generous and I am sure that those who enjoy watching our council meetings join me in thanking him.”

Council bosses in North Yorkshire and Harrogate are set to press ahead with designs for James Street and Station Parade as part of the £7.9 million Station Gateway scheme.

The project, which is being led by North Yorkshire County Council, Harrogate Borough Council and West Yorkshire Combined Authority, was consulted on back in March over plans to pedestrianise James Street and reduce Station Parade to one lane.

A report will go before the county council’s executive next week which will recommend progressing to a detailed design stage with further consultation.

Of the 1,101 who responded to the survey, 45% supported the full pedestrianisation of James Street and 49% favoured the Station Parade one-lane proposal.

Read more:

• Is there any consensus on Harrogate’s £7.9m Station Gateway project?
• Harrogate cycle groups back one-lane Station Parade plan
• Harrogate BID “urges caution” over Station Gateway project

However, 17% said they favoured a part-pedestrianisation of James Street and 27% backed two lanes for Station Parade.

Cllr Don Mackenzie, executive county councillor for access, 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.”

The main concerns raised during the consultation were the potential impact of increased congestion and the potential impact on businesses of reduced parking.

The county council said any pedestrianisation or part-pedestrianisation of James Street would result in loss of town centre parking.

How Station Parade might look under the new “station gateway” proposals.

It estimates that this would be no more than 45 out of 915 on-street pay and display spaces in the town centre. Currently, at peak occupancy, it is estimated there are 120 on-street spaces unused.

The pedestrianisation of James Street would also require a Traffic Regulation Order, meaning further consultation would be required.

Cllr Phil Ireland, Harrogate Borough Council’s cabinet member for carbon reduction and sustainability, said: 

“I’d like to thank those who have taken the time to complete the TCF consultation and shared their views on the Harrogate proposals.

“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 in to the next phase of detailed design work. We can now collectively work together, review the feedback, explore our options and design a 21st century travel network that supports economic growth for the region and something people can be proud.”

Further public consultation will take place in the autumn to inform proposals for implementation.

Following the development of detailed designs, a final business case will be prepared, including the outcome of further consultation, before approval is sought to implement the finalised designs.

Funding for the project comes as part of the Department for Transport’s Transforming Cities Fund and the schemes must be complete by March 2023.

Harrogate Borough Council has made a dramatic U-turn this evening and agreed to remove plastic grass from planters in the town centre.

The council’s decision to install the artificial grass sparked a fierce backlash, which saw protesters from Extinction Rebellion replace the turf with plants.

The council initially defended the £800 scheme, claiming it had received “lots of positive feedback” despite complaints it looked “cheap and tacky” and was damaging to the environment.

Read more:

• Extinction Rebellion replaces fake grass with flowers in Harrogate
• Hundreds call on Harrogate council to remove plastic grass

It then said it had failed to communicate the move properly but now, after 400 people signed a petition in the last 24 hours calling for the fake grass to be removed, the council has issued a mea culpa.

It said in a statement posted on social media:

“We got things wrong with the artificial grass in the planters on Cambridge Street.

“The artificial grass was a last resort, and the decision to use it was made with the best intentions, but on reflection it was the wrong one.

“We will be removing the ‘grass’ and keeping the planters while we continue to find a better solution.

“We hope to have something installed by the end of June that provides a vibrant display of colour all year round.”

The statement added it considered using stone or bark instead of the plastic grass but ruled it out because “we felt it will most likely end up being used as an ashtray or thrown around”.

It added the saga had detracted from other initiatives, such as planting 5,500 wildflowers on the Stray and the upcoming white rose project, that will see thousands of trees planted.

Nearly 400 people have signed a petition calling on Harrogate Borough Council to remove plastic grass from planters in the town centre.

Sarah Gibbs, an environmental campaigner, set up the petition yesterday. It had 365 signatures at the time of publication.

The petition demands the council “prioritise biodiversity and remove the plastic grass”.

It also “requests that local businesses, schools and residents be invited for a community scheme to manage the planters”. It adds:

“Artificial grass holds no biodiversity net gains. Burrowing insects, such as solitary bees can’t get past the membrane, and worms beneath the soil are compromised and unreachable by consumers within each habitat community.

“This is likely to have a negative impact on local bird populations.

“We need more habitats, not more plastic.”

Read more:

• Harrogate council apologises for fake grass saga
• Extinction Rebellion replaces fake grass with flowers in Harrogate

The plastic grass has been widely condemned on aesthetic and environmental grounds.

In a statement today, the council said the planters that have been installed on top of the fame grass were temporary measures while it looked at a permanent solution.

It did not comment on the petition by the time of publication.

Last week it released a statement apologising for the lack of communication with residents.

It said:

“We haven’t explained this well and we are sorry about that. We concentrated too much on getting the trial in place and not enough time explaining the totality of what we were doing.”

Extinction Rebellion Harrogate removed the fake grass from one of the raised beds on Cambridge Street and replaced it with plants, which still remain.

The environmental group later handed the fake grass back to the council, which spent £800 on the scheme.

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

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

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

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

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

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

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

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

Mr Stephenson said:

“I think it is going to change our lives.

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

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

Read more:

• Wetherby Road Starbucks drive-thru plan to go to appeal
• Harrogate councillors cave in over Starbucks drive-thru plans

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

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

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

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

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

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

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

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

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

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

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

Another appeal

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

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

Read more:

• Wetherby Road residents call for expert help to fight Starbucks plan
• Angry residents to fight controversial Wetherby Road Starbucks plan at appeal

John Worthington, the council’s executive officer for development management, said officers could not stand successfully at appeal because their previous recommendation would “undermine” their case and that losing also risked legal costs of over £50,000.

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

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

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

The owners of Harrogate’s only strip club are in a legal standoff with the council over how dancers should be paid and whether they can drink alcohol.

The Kings Club had its sexual entertainment licence renewed at a private meeting of Harrogate council’s sub-licensing committee in September.

The licence covers topless pole dancing, topless stage striptease and full nudity lap dancing, and is separate to the venue’s alcohol licence.

But conditions that dancers are paid by bank transfer and do not drink alcohol were attached after councillors raised concerns over their safety.

This led to an appeal being lodged by the Oxford Street venue owners, who also applied for a new licence, which is set to be decided at another meeting of Harrogate Borough Council‘s licensing sub-committee on Wednesday.

With an appeal hearing at York Magistrates Court on May 28 looming, a report to Wednesday’s meeting said the venue has proposed new conditions “in an attempt to resolve the current appeal without the time and costs associated with the determination by the magistrates court”.

Councillors have been recommended to approve these conditions, which include a ban on dancers bringing alcohol onto the premises only and a “full audit trail/reconciliation account” for how they are paid.

Read more:

• Harrogate strip club granted licence renewal
• Council set to retain single-sex sessions at Turkish Baths

In September, councillors heard how officers inspected the venue in 2019 when it was found some panic alarms in dancing booths were not working correctly, although they were repaired the same day.

They also heard how the venue had been in “cahoots” with two former dancers over payments, although this was dismissed by legal representatives for the owners.

This is according to a report, which also said dancers are required to pay a ‘house fee’ of £25 per night and receive 70% of payments from customers.

There is also a reduction in fees for dancers if they are intoxicated whilst with a customer or refuse to pole dance, the report added.

Safety concerns for dancers

After reviewing the venue’s safety procedures, including risk assessments and CCTV, the report said councillors still had “concerns about the overall safety of the dancers” despite reassurances by the owners.

The report added councillors felt it was “necessary” to put extra conditions in place, also including no drugs allowed on the premises, a need for each dancer to be escorted to a safe mode of transport when they leave, a written record of all fines imposed on dancers and a code of conduct.

These conditions have all been carried forward by the venue owners in their new application, however, they have challenged the alcohol ban for dancers and need for payments to be done by bank transfer.

Kings Club was contacted for comment but did not respond at the time of publication.

All strip clubs have been closed since March 2020 and are due to reopen on 21 June when all social distancing measures are scheduled to end under the government’s roadmap out of lockdown.

Stray Views is a weekly column giving you the chance to have your say on issues affecting the Harrogate district. It is an opinion column and does not reflect the views of the Stray Ferret. See below for details on how to contribute.

E-scooter scourge

Recently I have noticed an increase in the use of electric scooters in the Harrogate town centre.

I am aware that the use of such is illegal on both road and footpath, yet this appears not to be preventing their increased use.

A few months back I was surprised to see one being ridden in the dark by a youth dressed in dark clothing. He seemed to come out of nowhere, riding it down the middle of the road. When I protested all I received was a barrage of foul-mouthed abuse!

Recently my wife and I were forced to step aside for another scooter rider, who crossed West Park from the Stray, using the crossing, but then entered back on to the road in Tower Street.

I’ve tried to find a police officer to ask what is being done to keep us safe from this blight. I couldn’t find one! I’ve reported my near misses, using NYP’s online system, but haven’t had a reply!

Could you find out what their plan is?

Richard Abbott, Harrogate

Use ornamental gravel instead of fake grass

A good alternative to the fake grass in the planters in Harrogate would be ornamental gravel. Easy to maintain and not costly. It would look much more attractive than plastic grass.

Sylvia Barnes, Knaresborough

Random approach to recycling 

We need investigative journalism

Well done for pursuing council secrecy with your articles this week — good investigative journalism.

Hardly anyone in North Yorkshire got the chance to elect councillors this time round “because it would be confusing with an impending change of government structure [in two years]”.  We need journalists to keep up the pressure.

Bob Hankinson, Harrogate

Being general manager of one of the most prestigious stores on the most prestigious shopping street in Harrogate, Nick Hubbert has clear views on how to revive the town centre.

“We need to play to our strengths – beauty, flowers. Not rush down the route to do many things, like pedestrianisation.

“Let’s get through covid first. It’s not just about cycle lanes and the area around the station.”

Mr Hubbert’s views are shaped by a lifetime in retail. Last year he swapped the world of fast fashion for premium products when he left a managerial role at Sir Philip Green’s Top Shop in Sheffield for Hoopers, the family-run designer department store on James Street.

Top Shop is one of many mighty brands to have fallen in Harrogate, along with the likes of Debenhams, Swarovski and Laura Ashley. Mr Hubbert, 50, who lives in Hampsthwaite, is acutely aware of how critical the months ahead are for not only for Hoopers but the whole of Harrogate after lockdowns, Brexit and the rise of internet shopping.

He has joined Harrogate Business Improvement District, which aims to increase footfall in the town centre, as part of his broader mission to save the high street.

He says there have been some good initiatives, such as the BID’s street clean-up, but has concerns about the recent scattergun of proposals from Harrogate Borough Council and North Yorkshire County Council, which range from installing fake grass to promoting cycling and walking schemes that restrict vehicles to talk of pedestrianising streets and making traffic one-way. He says:

“The big focus at the moment has to be on the next couple of months. We need to accept the fact we have been through one of the biggest negative things in our lives. We need to think about back to basics.

“There’s been some great work done but there needs to be more synergy between the various groups.

“If we are going to do something, let’s focus on things that will make a big difference. Something that makes a statement.”

Parking on James Street

James Street, with its more upmarket retailers, is particularly sensitive to tinkering. Last year’s decision to install planters for social distancing purposes and prevent parking didn’t go down well with many traders. Mr Hubbert says:

“It was a big deal because it’s evident people used that parking to nip in and out. We put our point across but here we are without it.”

Read more:

• James Street pedestrianisation back on the cards in major town centre scheme
• Hoopers store warns: ‘Harrogate is not bulletproof anymore’

He hopes policymakers listen to businesses before any new initiatives are introduced.

“I hope they take views on board and don’t just stream-roll things thorough because they have seven or eight million pounds and feel they have to spend it.

“That sum could be better spent on a park and ride scheme. Or we could make James Street electric car-only and have electric charge points. If we do something, let’s do something big.

“If you go down the pedestrianisation route, go for something premium so that people’s dwell time on James Street will increase but we have to have that guarantee it will be something spectacular.

“Don’t do fake grass. Don’t make it like Cambridge Street. That doesn’t look inspiring and attract footfall. There are no features. It’s just nothing.”

Last department store standing

Hoopers has felt its share of pain in the last year. Staff numbers have halved to about 35 and it has reduced trading to 30 hours a week for the time being.

It is the last department store standing in the district after Debenhams in Harrogate and Wrens in Ripon closed last year. You might think Mr Hubbert would be pleased to see rivals fold but he says:

“An empty shop in town isn’t good for anybody. We will pick up some of their sales but I’d rather see Debenhams in a strong position because it’s one of the oldest names on the high street.”

Some feel the department store concept has had its day but Mr Hubbert says the lockdown has rekindled Britain’s love affair with shops, particularly those selling premium brands.

“People have seen the high street deteriorate in the last 18 months and it’s shocked them. As much as they love the internet for convenience shopping they don’t want to see void space.

“Many regulars have come back and said ‘we are so pleased to see you back’. They like the fact that they can get that different fragrance here that is unique.

“They are definitely treating themselves to things such as luxury handbags and outfits for holidays.”

‘Biggest fight of our lives’

Harrogate has one of four Hoopers stores. Debra Angus, the managing director, visited recently. Mr Hubbert says:

“There was no doom or gloom conversation. It was all very positive. It’s given me a lot of confidence.”

But there’s no hiding the fact that these are unprecedented times. He says:

“Every retailer is having the biggest fight of their lives. For me, it’s about making the store become profitable and have longevity so we still have this great store in Harrogate.

“We are fighting to be here long-term. I’ve been in retail all my life and it’s become evident we can’t live without the high street. I’m more passionate than ever about shops staying open.

“That’s why I’m involved with the BID. I want to make a difference to not just Hoopers but also making the shopping experience better for people. I’m on a crusade to save the high street.”

The Knaresborough branch of the Royal British Legion has designed and planted a flowerbed to commemorate 100 years of the charity’s work.

The Royal British Legion (RBL) has been supporting those in the armed services and ex-servicemen and women for a century and the Knaresborough branch wanted to recognise this locally.

The branch has worked with Harrogate Borough Council for more than two years to create the design, which features two poppies on either side of “100”, for the space next to the bowling green.

A total of 4,000 plants were used in the flowerbed including 3,900 polyanthus in red, white and blue and some black grass for the centre of the poppies.

The flowerbed can be found in the grounds of the castle near the bowling green.

The RBL was formed on May 15 1921 by bringing together four national organisations of ex-servicemen that had been set up after the First World War.

That was also the the first year poppies were sold, with the appeal raising more than £106,000 to help veterans with housing and jobs.

Alan Pitchfork, the chair of the Knaresborough branch, said:

“The Legion was as important now as it was 100 years ago.

“Throughout the last 100 years service men and women had served their country and in many cases this had left them scarred for life, both physically and mentally, with many more losing their lives for the freedoms we enjoy today.”

Read more:

• Knaresborough rewards card launches to boost local economy
• Henshaws arts and craft centre reopens

Each year town residents raise around £30,000 for the RBL, but the branch is hoping more people will join as currently there are just a handful of active members.

Mr Pitchfork added:

“For the branch to keep functioning we do need more people to join.

“The fear also is that soon there simply will not be enough members to sustain the branch, which would mean retiring the Standard and an end to the Parade through the town on Remembrance Sunday.”

Anyone who is interested in becoming a member can call him on 07984700429.

The branch already has further plans in place for this centenary year, including the return of its pop-up market stall and the knitted poppy tribute at Knaresborough Castle this autumn.