Costly appeal could await council if Harrogate Spring Water plans refused

Councillors considering voting against Harrogate Spring Water’s controversial plans to expand its bottling plant risk a costly appeals process if it’s refused.

One Conservative councillor told the Stray Ferret a potential appeal will be weighing on councillors’ minds, with members of the planning committee trying to avoid leaving taxpayers with a hefty bill that could be as much as £250,000.

In recent days, public pressure has ramped up for councillors to vote against the proposal which campaigners say will harm the local environment. It’s become one of the most emotive planning applications to hit Harrogate in years, yet emotion does not factor into planning policy and the law.

A report from Harrogate Borough Council’s case officer Mark Williams recommends the plans for approval, subject to conditions, citing Local Plan policies that councillors overwhelmingly voted to adopt.

It means for the planning committee to refuse the application they would need a convincing reason or risk the council being taken to appeal by Danone, which has deep pockets.

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Economic growth

Another Conservative councillor told the Stray Ferret the planning committee should be focusing on the business benefits of the proposals.

HBC’s report also cites the government’s National Planning Policy Framework (NPPF) that states that planning decisions should help create the conditions in which businesses can invest, expand and adapt.

It says “significant weight” should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development.

However, HBC’s Mark Williams’ report concedes that the loss of trees “does weigh against the proposed development.”

Political risk

Whilst the local Liberal Democrats and Conservatives have not publicly voiced support or opposition for the plans, political parties who don’t hold seats on Harrogate Borough Council have been more vocal.

Harrogate & District Green Party has long campaigned against the bottling plant and the local Labour Party also criticised the proposals, saying protection of woodland is “even more key at a time when we are facing a climate emergency”.

But the silence of the Conservatives and Lib Dems reflects the political risk involved in the decision tomorrow.

Conservative councillor for Harrogate Harlow, Jim Clark, who also sits on the planning committee, would not be drawn on which way he’ll be voting.

Conservative councillor for Harrogate Valley Gardens, Sam Gibbs, did not respond to our email.

Local Conservative MP Andrew Jones, who has commented on other controversial local issues in recent years such as the closure of the Harrogate Post Office and the rebranding of Stray FM, neither of which directly involved Harrogate Borough Council, has refused to make any public comment on the application.

Strayside Sunday: Global brand presents global dilemma

Strayside Sunday is our weekly political opinion column. It is written by Paul Baverstock, former Director of Communications for the Conservative Party. 

“Thousands have lived without love.  None without water.”

So said the great poet and York’s own W.H. Auden in his poem ‘First Things First.’

Water is elemental, an essential building block for life on earth.  The human body comprises up to 60% water and global water security is, in my view, one of the most under-reported threats faced by contemporary civilisation.  The World Health Organisation reports that 1 in 3 humans in the world today have no access to an improved water supply, which is to say they have no access to clean and drinkable water.  And at current rates of global climate change the United Nations predicts that 6 billion of us will face water scarcity by 2050.

All of this to inject some context and perspective into the debate raging in this parish between Harrogate Spring Water, the council and a coalition of locals and environmental campaigners over the future of Rotary Wood, a publicly accessible green oasis planted in 2005 by Harrogate residents.  French consumer goods and yogurt giant Danone (revenues €25 billion or thereabouts) has asked Harrogate Borough Council (revenues a great deal less) to consider an application to expand its Pinewoods spring water bottling plant, create a few new jobs and level some much cherished woodland.

On January 18th Harrogate Borough Council published a report recommending conditional approval for Danone’s expansion plans; on the grounds that  Harrogate Spring Water is a ‘global brand’ and a ‘strategic employer.’  This in the face of 328 planning objections (only 28 in support) and a weekly Friday protest at the town hall by local primary school teacher Sarah Gibbs, dressed like a tree for the occasion.  It should be noted that not only do the council already benefit from an annual ground rent of £13,000 – they also own the land on which the bottling plant sits – and therefore benefit from what is known as a ‘turnover rent’ (a share of turnover), cannily negotiated when the plant first opened.

I have some sympathy with the council’s dilemma.  Harrogate Spring Water is globally known; the company promote our town’s name from Tokyo to Toronto.  Indeed, to his astonishment, a good friend of mine was once served Harrogate Spring Water at a restaurant in Moscow.  Spasiba!  The council is in a tough spot; the global (let alone local) economy is on its knees and their books are short close to £5m as a result of Covid-19.  Apparently the council won’t (or can’t) reveal the full extent of what we stand to gain from our share of any increased turnover resulting from the expansion.

As regular readers of this column will know, I don’t believe, as a matter of principle, that commercial dealings between government and business should be kept private in any circumstances.  Transparency means accountability.  In this case if we knew how much the council stood to gain financially from Harrogate Spring Water’s expansion then we could take a more informed and nuanced view of whether or not to lend our support.  As it stands all we know is that we must lose a significant slice of nature and public access to it for a meagre 12 new jobs.  I’m not convinced it’s worth the sacrifice, even with Danone’s Section 106 agreement requiring them to plant replacement trees and promote biodiversity on another site.

I am convinced however that, in a world where so many don’t have access to clean drinking water, it is the height of wasteful and selfish consumerism to drink bottled spring water when we in the developed world have a perfectly good alternative from the tap.  I’m convinced too that the production of even one more single-use plastic bottle, recyclable or not, is one too many.  Is my own conscience clean in this matter?  Of course not: Holy Mary Mother of God, pray for us sinners now etc.  Indeed, only if all those who oppose the expansion at Pinewoods so vehemently, can look one another in the eye and say in truth that they don’t drink bottled water from plastic bottles, are they entitled to vent anger. As Auden says in ‘First Things First’:

“Misinformed and thoroughly fleeced by their guides,

And gentle hearts are extinct like Hegelian Bishops.”

I can’t let the week pass without mentioning the inauguration of President Joseph Robinette Biden Jr, which I watched with a mixture of relief and wonder on Wednesday.  I found the ceremony deeply moving; for me it represented a return to the United States in which I spent 11 of my most formative years – idealistic, international, aspirational.  Neither Lincoln nor JFK in his rhetorical skills, Biden’s speech was nonetheless gripping.  I thought its best passage was “Through civil war, the Great Depression, world war, 9/11, through struggle, sacrifices and setbacks, our better angels have always prevailed. In each of these moments, enough of us — ENOUGH OF US — have come together to carry all of us forward, and we can do that now,”

On his first day in office Biden signed Executive Orders that returned the US to the Paris Climate Change Agreement (in time for the COP21 conference in Glasgow at the end of November) and to the World Health Organisation.  Thank goodness.  Globally, in the United States and here at home in Harrogate, if we are to slow and reverse global warming and its awful effects – melting ice caps, famine and, yes, drought – it will take enough of us to come together and act for the common good.  The number of people on the planet without access to safe drinking water or indeed any water at all grows every day.  For the people of Harrogate, water, tap or bottled spring, is not a matter of life and death.  For 2.2 billion people around the world it is.  We should remember that when we make decisions in the narrow and parochial economic interest, rather than in the global interests of the environment.

That’s my Strayside Sunday.

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Do you have a view on this column or is there a political issue you’d like Paul to write about? Get in touch on paul@thestrayferret.co.uk

How Harrogate Borough Council benefits from Harrogate Spring Water plant

The history of Harrogate Borough Council and Harrogate Spring Water is intertwined — the more money the site makes the more it has to pay to the council.

This is because as well as paying £13,000 a year in ground rent to the council, which owns the land, the company also has to pay a percentage of the site’s annual turnover to the council.

When asked by the Pinewoods Conservation Group charity in a freedom of information request, the council refused to disclose details of this turnover-related revenue, citing “confidentiality obligations” set out when the deal was first drawn up.

When councillors on the planning committee meet next week to decide if they approve the plant’s expansion plans, they will be weighing up the value of potentially more income to taxpayers in the district against what many local residents believe is an environmentally destructive proposal.

The plant’s history

Water has been bottled in Harrogate for centuries but in the early 1990s Harrogate Spa Water, as the company was previously known, was selling just 1,000 bottles of water a year.

The company’s fortunes changed in the late 1990s when HBC, run then by the Liberal Democrats, identified an opportunity to explore water resources at the current site on Harlow Moor Road.

It was a hugely controversial decision at the time but the bottling plant was granted planning permission with the land leased to the privately-owned water company with the council taking a percentage of the turnover.

Jane Blayney was a Liberal Democrat councillor for the Duchy Ward at the time and told the Stray Ferret she lost her seat in 2002 due to her then-support of the bottling plant. She said the local Conservative group was strongly against the plant being built, which changed once they gained control of the council in 2003.

By 2019 Harrogate Spring Water had a turnover of £22m selling Harrogate water as far afield as Tokyo and Toronto.

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The local economy

The council report published last week describes Harrogate Spring Water, which was bought out by French multinational Danone in 2020, as a ‘global brand’ and ‘strategic employer’ that makes a significant contribution to the local economy.

Yet there was no specific mention of the turnover-related revenue and how it benefits the council.

Like other councils across the country, Harrogate Borough Council has faced significant financial challenges in recent years due to government cuts and now the coronavirus pandemic.

Covid is set to cost the council £5.9m and the council recently proposed a £5 increase in council tax as well as £1.14 million in spending cuts to help balance the books.

It means that any extra revenue received would be greatly received and could be used to help pay for services.

Pinewoods Conservation Group published a council document from 2016 that praises the company for its positive financial impact on the town:

“The positive impact of Harrogate Spring Water on the marketing of Harrogate as a ‘quality’ spa town is only set to increase as a result of the companies’ expanding international customer base, their targeted growth of water sales within key transport industries (trains, planes, airports etc) and their pursuit of ‘appropriate’ brand sponsorship opportunities’.”

Harrogate Borough Council’s planning committee will meet on Tuesday to consider Danone’s proposals.

The council downplayed any potential conflict of interest in a statement released to the Stray Ferret:

“Decisions taken by any local planning authority are separate and distinct from decisions taken by a local authority as land owner.”

 

Harrogate Spring Water welcomes council’s recommendation on expansion plans

Harrogate Spring Water has welcomed a council report that recommends councillors approve the company’s controversial expansion plans.

A report published by HBC case officer Mark Williams’ recommends the firm’s plans to extend its bottling plant by 40% are deferred and approved subject to a section 106 legal agreement being drawn up for biodiversity. This would confirm where trees that would be felled in an area of the Pinewoods known as Rotary Wood would be replanted.

The report describes Harrogate Spring Water as a ‘global brand’ and ‘strategic employer’ that makes a significant contribution to the local economy.

But the felling of trees, planted by the community in 2005, has proved to be a hugely emotive issue with local groups and even a TV presenter, feeling the environmental price to pay is too high.

Rob Pickering, sales and marketing manager for Harrogate Spring Water said welcomed the council’s recommendation:

“We’re pleased with the outcome of the planning committee report and are grateful for the council’s support with this application.”

“We’d like to reassure the local community that the plan for Rotary Wood places a huge focus on supporting the local environment and promoting biodiversity.

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The HBC report recommends the plans are deferred and approved subject to a section 106 legal agreement being drawn up for biodiversity that confirms where the trees would be replanted.

Mr Pickering added:

“Our plans include a commitment to replacing the trees on a two for one basis and a long term plan to ensure they are looked after and protected. And for the area of Rotary Woods that will remain as woodland, we will be investing to enhance its accessibility and usability for the community.”

“We are and will continue to be good considerate neighbours within Harrogate. We’ll look to work with everyone around us to ensure they play a key part in shaping the area.”

The council’s planning committee will meet on Tuesday next week to consider the proposals.

Who is on the planning committee?

Harrogate Borough Council’s planning committee is made up of 12 councillors. 9 are Conservatives, two are Liberal Democrats and one is a Ripon Independent.

They usually meet every three weeks to make decisions on bigger, more sensitive planning applications. Since the covid pandemic began in March, meetings have taken place online and are streamed live on YouTube for anyone to watch.

Despite the recommendation to approve the Pinewoods proposals, the committee could still refuse it. Councillors have gone against HBC officer recommendations on two other high-profile occasions in recent months.

In November, they refused a 72-home reserved matters application in Spofforth and earlier this month they approved St Aidan’s secondary school’s application to build a 3G artificial sports pitch.

Harrogate Spring Water’s Pinewoods proposals have had a huge public response which could influence the decision of councillors. At the time of publication, it has garnered 328 objections and 28 in favour.

TV presenter criticises Harrogate Spring Water’s Pinewoods plans

TV presenter Julia Bradbury has described Harrogate Spring Water’s plans to cut down trees in the Pinewoods to expand its bottling plant as “beyond destructive”.

Harrogate Borough Council’s planning committee has been recommended to conditionally approve the controversial plans, which have captured national attention in recent days with an article in the Independent and a passionate debate on social media.

Trees in the area of Pinewoods known as Rotary Wood, which were planted by families in 2015, would be felled as part of plans by Harrogate Spring Water’s parent company Danone to expand its bottling plant.

Talks between Danone and local green groups have failed to reach agreement on a solution that would compensate for the loss of biodiversity and community access.

Former Countryfile host Ms Bradbury, who is a well-known advocate for the outdoors, tweeted her opposition to the proposal on Sunday.

https://twitter.com/JuliaBradbury/status/1350739832251805696

She also tweeted Emmanuel Faber, chief executive of Harrogate Spring’s water parent company Danone, that called on the firm to “do the right thing”.

Yesterday she told the Stray Ferret that Danone’s plans were “like a plot from a bad nature documentary”.

Ms Bradbury also criticised the company’s use of plastic bottles, saying “you can’t recycle your way out of” the plastic waste crisis seen around the world. She said:

“I’m astounded. We bang the drum for more nature so we need trees and this is a community woodland planted by local school children. It’s a very controversial decision and comes at a time when people are benefiting from nature.”

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A Harrogate Borough Council report published yesterday recommended councillors conditionally approve the plans on Tuesday next week.

The application, which would lead to 12 new jobs, has received 328 objections and 28 in support.

Danone argues that the proposals, which include a new pond, a 30-year long replanting programme and a grassland ‘green’ roof will benefit the local environment.

Harrogate Spring Water’s sales and marketing manager Rob Pickering told the Stray Ferret the plans would “promote biodiversity”. He added:

“We’re committed for 30 years to develop the planting and landscaping as it establishes itself. We’ll do that with the ecologists and hopefully the support of the community.

“We’ll continue to provide those facts to give the people of Harrogate a more informed view of the work we plan to do. I genuinely believe the end result of the work will be something we’ll all be proud of.”

Council case officer Mark Williams’ report describes Harrogate Spring Water as a ‘global brand’ and ‘strategic employer’ that makes a significant contribution to the local economy.

The report acknowledges concerns about issues such as the loss of trees and increase in single use plastics but concludes:

“While the adverse impacts of the development are recognised, on balance it is considered that the significant weight placed on the economic benefits of the proposed development outweigh these negative impacts.”

Harrogate Spring Water’s Pinewoods plans set for approval

A Harrogate Borough Council report published today has recommended conditionally approving Harrogate Spring Water’s controversial expansion plans.

The council’s planning committee will meet on Tuesday next week to discuss the company’s proposal to fell trees in the Pinewoods to expand its bottling plant.

Case officer Mark Williams’ report describes Harrogate Spring Water as a ‘global brand’ and ‘strategic employer’ that makes a significant contribution to the local economy.

The report acknowledges concerns about issues such as the loss of trees and increase in single use plastics but concludes:

“While the adverse impacts of the development are recognised, on balance it is considered that the significant weight placed on the economic benefits of the proposed development outweigh these negative impacts.”

The report recommends deferring and approving the application subject to a section 106 legal agreement being drawn up for biodiversity that confirms where the trees would be replanted.

The application, which would lead to 87 new jobs, has received 328 objections and 28 in support.

Many objections refer to an increase in single use plastics for bottling water but the report says this issue is covered by legislation and therefore “not a reason to refuse this application”.

A spokesperson from Pinewoods Conservation Group said:

“This is unfortunately typical by Harrogate council where ecological and environmental impact of a decisions are often ignored.

“The report makes it clear that a significant number of trees will be lost and the proposed development would lead to a loss of public amenity.

“The recommendation is still to approve despite the 100s of objections and clear negative impacts. We can only hope that the councillors on the planning committee can take account of the bigger picture here.”

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Harrogate Spring Water received outline planning permission to expand in 2016 but now wants to extend this by 40 per cent, which would mean felling trees in the area of Pinewoods known as Rotary Wood.

Talks between Harrogate Spring Water’s parent company Danone and local green groups have so far failed to reach agreement on a solution that would compensate for the loss of biodiversity and community access.

The Stray Ferret has contacted Harrogate Spring Water for a response to the report but has yet to receive a reply.

Harrogate Spring Water’s sales and marketing manager Rob Pickering told the Stray Ferret last week he wanted to ensure the people of Harrogate “have the facts”.

Mr Pickering said:

“We’ll continue to provide those facts to let the people of Harrogate of a more informed view of the work we plan to do. I genuinely believe the end result of the work will be something we’ll all be proud of.”

 

Impasse between Harrogate Spring Water and local groups continues

The relationship between Harrogate Spring Water and local groups is under increasing strain after what the latter described as an “unconstructive” meeting last week over plans to expand a bottling plant into the Pinewoods.

Trees in the area of Pinewoods known as Rotary Wood, which were planted by families in 2015, would be felled as part of plans by Harrogate Spring Water’s parent company Danone to expand its bottling plant.

A coalition of groups is opposed to the proposal because it fears Danone’s plans to compensate for the loss of trees are inadequate.

Members of the coalition met with representatives from Harrogate Spring Water on Wednesday last week, following earlier meetings in December, but they are yet to reach an agreement on where to plant trees to replace ones that would be lost.

The groups include Harrogate Civic Society, Harrogate and District Green Party, Pinewoods Conservation Group, Zero Carbon Harrogate, the Rotary Club of Harrogate and Duchy Residents’ Association.

Danone’s current proposals are to re-plant trees close to the site, but the local groups says this is not satisfactory as the area is not currently open to the public, unlike the woodland which will be lost.

According to members of the Pinewoods Conservation Group and Harrogate District Green Party, who were both at the meeting, the two opposing parties are no closer to reaching an agreement on where the trees should be planted, with relations now becoming increasingly strained.

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A spokesperson from Pinewoods Conservation Group said:

“Meetings over the last few weeks with the planning consultants had been a useful forum to understand and influence plans.

“However, after the recent meeting including HSWL management, it seems there is no real intent to consult or amend these plans. Our ideas on alternative sites have not been investigated and the submitted proposal is not acceptable to any of the group who have been involved.”

Rebecca Maunder from Harrogate and District Green Party called on Harrogate Spring Water to propose a better alternative for the felled trees.

She said:

“Currently, the value Harrogate Spring Water and Danone are placing on the current woodland ecology is unacceptable.”

Harrogate Spring Water declined to comment on the situation.

Harrogate Borough Council’s planning committee is expected to consider the proposals early this year.

Plastic bottle protest against Harrogate Spring Water’s Pinewoods plans

Environmental campaigners are collecting messages in used plastic water bottles to protest against Harrogate Spring Water’s plans to expand into the Pinewoods.

Trees in the area of Pinewoods known as Rotary Wood, which were planted by families in 2015, would be felled as part of a bid by Harrogate Spring Water’s parent company Danone to expand its bottling plant.

A coalition of groups has opposed the plans because they fear Danone’s plans to compendate for the loss of trees are inadequate.

Two of the groups — Harrogate and District Green Party and Extinction Rebellion — have now collected about 100 messages in bottles, which will be delivered to Harrogate Borough Council before a crunch planning decision on the proposals next month.

James Smith, from Extinction Rebellion Harrogate, called on the council to refuse the plans:

“Local residents have welcomed the opportunity to express their frustration with these proposals to take away community woodland and replace it with more plastic waste.

“People understand that our wildlife is declining and that our environment is increasingly polluted – and they want to be part of the change. We need the council to get on board with the community.”

Green Party and Extinction Rebellion members will be in Valley Gardens, near the play area, on Saturday from 10-30am to 12.30pm to collect more messages from the public.

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Local groups have met with Danone twice over the past month but are yet to reach an agreement on where to plant trees to replace ones that would be lost.

The groups include Harrogate Civic Society, Harrogate and District Green Party, Pinewoods Conservation Group, Zero Carbon Harrogate, the Rotary Club of Harrogate and Duchy Residents’ Association.

 

Stalemate continues over Harrogate Spring Water’s tree-felling plans

Harrogate Spring Water and local voluntary groups have failed to reach agreement on where to plant trees to replace ones that would be lost as part of the company’s plans to expand in the Pinewoods.

Trees in the area of Pinewoods known as Rotary Wood, which were planted by families in 2015, would be felled as part of Danone’s plans to expand its bottling plant.

The plans are controversial, and the groups are putting pressure on Danone to ensure the loss of trees and biodiversity will be compensated for.

The groups have met representatives from the company’s owner, Danone, twice over the last month. Further meetings are planned for late December and early January.

The groups include Harrogate Civic Society, Harrogate and District Green Party, Pinewoods Conservation Group, Zero Carbon Harrogate, the Rotary Club of Harrogate and Duchy Residents’ Association.

A spokesperson for Pinewoods Conservation Group said Danone’s current proposals to re-plant trees close to the site were not satisfactory as the area is not currently open to the public.

The spokesperson said:

“It is felt the current plan does not take account of the full ecological loss and this area would not be open to the public. As such it does not account for the loss of public space and amenity either.

“The working group has therefore suggested a few alternative suggestions that the consultants have agreed to investigate further.

“Should planning be agreed there will still be a need for public consultation on the loss of public land and the disposal of an asset of community value.”

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Danone’s plans were originally due to be considered by Harrogate Borough Council’s planning committee in December but were delayed to allow for more talks between the company and the public.

The committee is now due to discuss the proposal on January 26 and the Pinewoods Conservation Group spokesperson said there was still time for an acceptable solution for all parties to be found.

Nicky Cain, brand manager at Harrogate Spring Water, told the Stray Ferret last month the company hoped to find a solution that will satisfy all parties.

She said:

“The delay gives us longer to consult with local stakeholders and discuss the issues around landscaping.”

Harrogate Spring Water Pinewoods plans: decision delayed

A decision on whether to allow Harrogate Spring Water to expand its bottling plant in the Pinewoods has been delayed until the new year.

Harrogate Borough Council’s planning committee was expected to consider the controversial proposals, which include felling trees, next month.

But after talks between concerned local groups and Danone, which owns Harrogate Spring Water, the issue has been put back to allow time for further discussions around the ecology of the proposal.

Trees in the area of Pinewoods known as Rotary Wood, which were planted by families in 2015, would be lost as part of Danone’s plans.

The groups involved in the discussions are not satisfied that the loss of trees and biodiversity will be compensated for.

The groups include Harrogate Civic Society, Harrogate and District Green Party, Pinewoods Conservation Group, Zero Carbon Harrogate, the Rotary Club of Harrogate and Duchy Residents’ Association.

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Danone has had outline planning permission to expand to the west of its existing site since 2016.

A spokesperson for Pinewoods Conservation Group told the Stray Ferret it hoped the extra time resulted in a plan that is “acceptable to all parties”.

The spokesperson said:

“We welcome the pause on this planning application and the offer from Harrogate Spring Water for further discussion on this important topic.

“There was a clear condition on the original planning application that there must be replacement land and trees to compensate for the ecological loss to the area.”

Nicky Cain, brand manager at Harrogate Spring Water, told the Stray Ferret the company planned to have discussions with local groups every two weeks until at least the new year.

She said:

“The delay gives us longer to consult with local stakeholders and discuss the issues around landscaping. All round it’s worked out well.”

A Harrogate Borough Council spokesman said:

“These plans are yet to be submitted and when they are there will be a period of consultation to allow residents and interested parties the chance to comment on these proposals ahead of the matter being reported to our planning committee.

“The provisional date of 8 December is no longer achievable and a date for when the application will be presented to planning committee will be decided at a later date following the receipt of the plans and consultation period.”