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.

Read more:

• Flaxby development set for High Court battle

• Council leader pledges “genuine consultation” on Green Hammerton development

• Campaign group has ‘grave concerns’ about consultation on 3,000 homes

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.

A consultation is being launched this week over plans to redevelop Harrogate Borough Council’s former headquarters.

Impala Estates Ltd bought Crescent Gardens for £4m in January and is preparing to submit a planning application to bring the building back into use.

As well as refurbishing the existing building to deliver modern offices for up to 400 people, the company proposes adding a second and third floor to provide space for a restaurant and terrace, which would be open to the public. James Hartley, asset manager and surveyor at Impala, said:

“Our aim is to bring the building back into use by developing it in a sensitive way that fits in with the diverse architecture in the surrounding area. We hope to create flexible office and public space in a central part of town.”

The refurbishment includes the creation of offices for multiple occupancy, along with meeting rooms, a gym and shower facilities. Historic rooms, including the former council chamber and mayor’s parlour, will be used as meeting space, which will also be available for public use.

Impala said the additional floors will be set back from the front and rear elevations of the existing building. The site will also be made energy efficient as part of the refurbishment project.

The plans have been drawn up by Harrogate-based S&SA Architects. The developers are inviting feedback from the public via their website from Thursday, before a planning application is submitted within the next couple of months.

Sale of Crescent Gardens

Crescent Gardens has been out of use for three years after Harrogate Borough Council first agreed to sell it and build a new headquarters in 2015. A preferred bidder was chosen, but the sale fell through later that year.

In March 2017, local developer Adam Thorpe was confirmed as the new buyer, through ATP (Crescent Gardens) Ltd, with contracts exchanged that year and completion dependent upon a planning application being submitted to redevelop the building.

The agreed sale price was £6.31 million, with a 25% uplift due to HBC if planning permission was achieved and implemented for a change of use to anything other than predominantly office space within five years of the sale.

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Mr Thorpe said his plans included luxury apartments and an art gallery and, in February 2019, said he had agreed sales on 10 of the 12 apartments including one “comfortably above” £10 million.

When the sale collapsed a few months later, Mr Thorpe owed the council more than £30,000 in unpaid rent for the years in which he had used the building following exchange of contracts. The council had also paid legal fees of more than £11,000 in pursuing completion.

Meanwhile, HBC staff moved into the new headquarters at Knapping Mount in late 2017.

Impala was announced as the new buyer in early 2020, with an agreed price of £4m. A 25% uplift will again apply should planning permission for residential use be achieved and implemented within five years.

The government has invited councils in North Yorkshire to submit plans for a shake-up of local government in the county, which would see Harrogate Borough Council and other district authorities scrapped.

Robert Jenrick, Secretary of State for Housing, Communities and Local Government, invited leaders from North Yorkshire County Council and the seven districts to submit plans today.

It comes as ministers made it a requirement back in July that district councils and county council were abolished in favour of unitary councils before any devolution bid could be lodged.

The government said any unitary council plan would aim to be established by April 2023.

Read More: 

• Lib Dems call for secret North Yorkshire devolution report to be published
• “No worse time for devolution” say District Council leaders

County council bosses have already outlined plans for a single council for North Yorkshire alongside the City of York, while the districts have proposed two councils in the east and west of the county.

Both proposals would mean Harrogate Borough Council would no longer exist.

Now, council leaders will be able to submit the plans to government who will then consult with the public on a preferred option after each model has been considered.

Mr Jenrick said restructuring local government would help to save money and improve services.

He said:

“Councils in Cumbria, North Yorkshire and Somerset are already working on developing their locally-led unitary proposals and I am now giving them the opportunity to submit them for consideration.

“Where there is local support, changing the structure of local government can offer better value for money and improved services for residents. We have always been clear that any restructuring of local government must continue to be locally-led and will not involve top-down solutions from government.”

The decision comes as Cllr Carl Les, leader of North Yorkshire County Council, had written to Mr Jenrick urging for clarity on the future of devolution.

Meanwhile, district leaders had called on Prime Minister Boris Johnson to delay any devolution policy amid the coronavirus crisis.

Harrogate Borough Council has been allocated £57,951 today as part of government attempts to enforce coronavirus restrictions.

The government has awarded £60 million to councils and police forces across the country.

North Yorkshire’s Police, Fire and Crime Commissioner has been allocated £291,987 as part of the deal.

Councils are expected to use the money for compliance and enforcement, such as recruiting covid marshals, carrying out inspections, issuing fines and closing premises in the case of non-compliance.

Although covid marshals will not have any enforcement powers, government guidance says they should “engage, explain and encourage best practice and national covid secure guidance”.

Read more:

• Harrogate to get permanent Covid testing site
• Use Harrogate’s Nightingale for other services, says councillor

Last month, the borough council said it had received no detail on covid marshals so could not plan for how they could be used in the district.

A council spokesman said: “In partnership with the North Yorkshire Local Resilience Forum, the development of any scheme is still under review.”

The government also said the funding would allow police to increase patrols in town centres and ensure that people are complying with the new restrictions, particularly in high-risk areas.

Julia Mulligan, North Yorkshire Police, Fire and Crime Commissioner, said more clarity was needed on the guidance before plans could be put in place.

She said:

““With an area as large and diverse as North Yorkshire and York, it is likely what’s needed in one place will be very different to another so it’s important we get that right.

“We now have some information from government, but we await more clarity so we can progress the plans.”

Robert Jenrick, local government secretary, said:

“Councils play a crucial role in protecting people’s safety, supporting businesses and helping the public to better understand the guidance. This new funding will ensure they can step this up further and continue to act proactively.”

Officials at North Yorkshire’s Local Resilience Forum, which is a partnership of public agencies that responds to emergencies, has warned that the county faced a “tipping point” amid increased infections.

In Harrogate, the weekly case rate stands at 97.6 per 100,000 people and the district saw a further 24 coronavirus cases confirmed yesterday.

The highest rate in the county is in Craven at 136.5. Local resilience forum officials expect the district to be added to the government’s coronavirus watchlist this week.

The West Park area of the Stray was flooded this morning after the first night of heavy rain since Harrogate Borough Council spent £20,000 improving drainage.

Several large puddles covered the Stray this morning, the largest of which is at the corner of West Park and Otley Road.

The council announced in April it had awarded £130,000 to Glendale Services to restore the Stray after last year’s UCI Road World Championships caused widespread damage.

More than £20,000 of this was set aside to improve poor drainage, which caused regular flooding.

More puddles on the corner of Beech Grove and West Park.

Council leader Richard Cooper said the investment would “address the historic drainage issues at the corner of Otley Road and West Park” that had been “an issue and frustration to local residents for a number of years”.

But today’s evidence suggests the problem of flooding remains.

Read more:

• West Park Stray — 12 months of mud, repair and debate
• Harrogate council: Dangerous West Park Stray claims ‘simply ridiculous’
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A council spokesman said:

“Overnight, there was a significant amount of rainfall that has resulted in numerous areas in Harrogate and across the district experiencing standing water. West Park Stray being one of them. This standing water will filter through to the drainage channels in due course.”

Harrogate Borough Council reopened West Park Stray in August, more than 11 months after the UCI championships ended.

The council promised to fix the problem.

The Stray Defence Association said it believes the work did not fully repair the damage and said it remains “dangerous” – something the council disputes as “frankly ridiculous.”

West Park Stray: A year at a glance

• UCI World Championships – September 2019
• West Park Stray pictured as a quagmire – October 2019
• Partial recovery but problems remain – March 2020
• Heavy machinery moves in to work – May 2020
• Green shoots of hope – July 2020
• West Park Stray opens to public after 316 days – August 2020
• Debate rumbles on about West Park Stray – September 2020
• West Park Stray floods – October 2020

Harrogate Borough Council will press ahead with a consultation on 3,000 new homes in Green Hammerton.

Last night the council’s cabinet approved the move, which will see the consultation take place over a six-week period this Autumn.

The council will now publish documents for the consultation, which includes a preferred option of land south of Cattal train station.

Richard Cooper, leader of the borough council, told the cabinet meeting it was “critically important” that the council get the consultation right.

He said:

“I am really keen that the planning team put their money where their mouth is and where our mouth is as councillors and really have a strong consultation process because at the end of it, even if we do not agree, there can be no doubt at all that the consultation process was inclusive, valuable and that all sides felt that it was an honest and genuine consultation.

“I’m relying on the planning team to take that forward and I am sure that is what is going to happen.”

Meanwhile, Cllr Rebecca Burnett, cabinet member for planning, said the options set out in the documents were “not fixed” and that putting forward a preferred option would help to “stimulate response”.

It comes as a campaign group in Green Hammerton raised “grave concerns” over the process.

Read more:

• Council accused of ‘steamrollering’ through Green Hammerton plans

• Flaxby development set for High Court battle

Chris Eaton, from Keep Green Hammerton Green, disputed the council’s claim it had engaged with stakeholders in drawing up its plans.

In a letter to Cllr Burnett, seen by the Stray Ferret, Mr Eaton said he was writing “to express our disappointment and grave concern about the process of creating the new settlement development plan document”.

He said the council’s preferred option had been chosen without input from local residents.

His letter said:

“For your officers to say in cabinet papers that there has been some engagement is highly misleading.

“We believe that you have a moral obligation, if not a legal one, to fulfil your promise and to urgently facilitate meaningful engagement with those communities most affected by the new settlement.”

Responding to campaigners’ concerns at the cabinet meeting, Natasha Durham, planning manager for policy at the authority, said the options are not “set in stone” and that the consultation was the “first step of wider discussions” on the development.

The site was chosen after planning consultants Gillespies produced a report for the council setting out three possible sites.

HBC’s decision to choose Green Hammerton over Flaxby for a new settlement will be examined at a judicial review, which will take place on October 27, 28, and 29 at the High Court in London.

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

HBC’s planning committee is expected to reject the 2,750-home Flaxby development on October 13.

The date has been pushed back a week after a “technical error” meant the developer Flaxby Park Ltd was not informed.

Residents can find out more on the settlement and fill out the consultation here from October 19.

The Coach and Horses could soon get a new landlord after Harrogate Borough Council set a date to decide on a new licence.

Samantha Nelson, the daughter of previous landlord John Nelson, applied to take over the pub at the start of last month.

Her application will be heard on October 29.

Harrogate Borough Council revoked the pub’s licence in July after council officers claimed Mr Nelson showed a “blatant disregard” for coronavirus social distancing rules.

The officers also said Mr Nelson was “aggressive and abusive” towards council officials and the police when they served him a prohibition notice on May 31.

Read more:

• Coach and Horses alcohol licence revoked
• Coach and Horses could be in limbo for months

A total of 449 people signed a petition calling on the council to grant Samantha Nelson the licence to run the pub.

When the council’s licensing sub-committee revoked the licence, Mr Nelson’s lawyer Paddy Whur said his client “accepted he made a chronic error of judgement”.

The Stray Ferret has approached the Coach and Horses several times to inquire about its future. We had still not received a reply by the time of publication.

Government planning reforms will give local authorities less control over planning applications, according to a Harrogate Borough Council report.

The Ministry of Housing, Communities and Local Government opened a consultation in August on sweeping changes to “streamline and modernise” the English planning system.

As part of its response to the consultation, HBC planning officers Tracey Rathmell and Natasha Durham have produced a report, which will be discussed by councillors next week.

The report says the reforms could have “significant implications” for the district and disagrees with the government’s central premise that the current system has led to not enough homes being built. It says:

“The proposals will lead to an increasing centralisation of the planning system and erosion of local democracy to the detriment of bottom up, locally led place shaping.”

“Whilst the aims of the paper are laudable on the whole, and some elements are welcomed (such as increased use of technology and focus on design), some proposals are of great concern.”

The white paper suggests local authorities could develop local plans by zoning land into three categories: “growth”, “renewal” or “protection”.

Other suggestions include digitalising the planning system, allowing more permitted development applications, replacing section 106 payments with a new system for developers and giving government the final say on how many homes should be built in an area.

In the foreword to the white paper, Prime Minister Boris Johnson was critical of the current planning system.

Read more:

• Harrogate district MPs silent on government planning reforms

• Harrogate council wins contentious planning case at Court of Appeal

He wrote:

“Thanks to our planning system, we have nowhere near enough homes in the right places. People cannot afford to move to where their talents can be matched with opportunity. Businesses cannot afford to grow and create jobs. The whole thing is beginning to crumble and the time has come to do what too many have for too long lacked the courage to do – tear it down and start again.”

Local Liberal Democrats have proposed setting up a citizens’ assembly to tackle climate change.

A motion before Harrogate Borough Council’s full council next week will propose it declares a climate emergency and sets up an assembly within three months to look into the issue.

It follows the creation of the first UK-wide citizens’ assembly to discuss measures to tackle climate change. 

The national citizens’ assembly last month submitted its views to six House of Commons select committees, including the Business, Energy and Industrial Strategy Committee and Environmental Audit Committee.

Read more:

• Why Harrogate Borough Council won’t declare a ‘Climate Emergency’

• Could cars be banned outside primary schools in Harrogate?

The motion submitted by Harrogate and Knaresborough Liberal Democrats, which will go before the borough council, says:

“That this council declares a climate emergency not a climate change. To make sure this is dealt with as an emergency the council agrees to setting up a local, ‘citizens climate assembly’, within the next three months to discuss the issue, just as the government has done.”

Councillors will vote on the motion at a full council meeting on October 14.

Last year, the council rejected declaring a climate emergency and instead set out a plan to cut carbon emissions over the next two decades.

The local authority has also created a dedicated cabinet member for carbon reduction and sustainability, which is currently Cllr Phil Ireland.

What does a climate emergency mean?

“Climate emergency” was the Oxford English Dictionary word of last year and over two-thirds of all UK councils have now made the declaration.

It derives from the green movement created by Swedish activist Greta Thunberg and the Extinction Rebellion group.

Although largely symbolic, councils have used declarations of climate emergency to drive environmental policy and give some green momentum to issues such as housing, energy and education.