A fresh planning application to convert part of a vacant Kirkby Malzeard pub has been submitted.

The Henry Jenkins Inn, near Ripon, has been at the centre of a long-standing battle between residents and developers over the years.

Now, developer Justin Claybourn, who already owns the eastern annexe of the site, wants to convert redundant outbuildings at the site into a holiday cottage.

The application, which was submitted in August by Jennifer Hubbard Town Planning Consultant, outlines the details of the proposed house – including one bedroom and one bathroom, and an open-plan kitchen and dining area.

Mr Claybourn also hopes to reduce the existing ten car parking spaces down to four, as well developing a garden and patio around the building.

Access to the building would be from Main Street via an existing pedestrian and vehicular access across land already owned by Mr Claybourn, it adds.

In a cover letter, the agent said the applicant and his family have “long standing connections with the area”.

A decision has not been made about the application yet, but it has proved unpopular with local residents.

One resident commented on the application:

“This application appears to be one of a series of planning applications by the owner in an attempt to split up the original pub property and obtain residential planning permission by steadily reducing any chance that the original pub, can be bought & run successfully.

“The village needs affordable housing rather than a holiday cottage for someone already living elsewhere.

“It is difficult enough for young people to rent & work in the village as it is; they hardly have a chance at buying properties.”

The proposed plans.

The Henry Jenkins Inn opened in the 1700s and closed in 2011.

The current owner David Fielder bought it the following year.

It was first listed by Harrogate Borough Council as an asset of community value in 2017 as requested by local residents. However, in 2018 the listing on the eastern annexe was removed by the council, when it was sold to Mr Claybourn. 

Community grant

The objections to the application follow a £330,000 grant awarded to villagers campaigning to the save the former public house.

Levelling Up Minister, Jacob Young, announced the resident-controlled company, Henry Jenkins Community Pub (HJCP), was successful in its application to receive the Community Ownership Fund in September.

Campaigners hope to buy and refurbish the building and transform it into a community-owned pub, bistro, and coffee shop.

However, the grant is understood to be dependent on a 20% match funding and will only be given to the HJCP providing they come up with £66,000.

The group has already made six purchase offers to Mr Fielder – all of which he has rejected.

In September, however, he told the Stray Ferret he would be “happy to sell for the right price”.

Mr Fielder bought his first pub in 1987 and now owns 18 across North and West Yorkshire.

His broad property portfolio also includes industrial estates, farms, residential properties and student lets.

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Villagers campaigning to save an old inn have been awarded a £330,000 government grant to help them buy and refurbish it as a community-owned pub, bistro and coffee shop. 

Levelling Up Minister Jacob Young  announced the Community Ownership Fund grant this week for the Henry Jenkins Inn at Kirkby Malzeard, near Ripon, which has been the subject of a long battle by local residents to save it from redevelopment. 

The application for the funding was submitted by Andy Taylor, treasurer of Henry Jenkins Community Pub Ltd (HJCP), the resident-controlled company trying to buy the pub. He said:  

“We burned the midnight oil to get our Community Ownership Fund application in shape and I’m enormously proud that we’ve been selected for grant approval. 

“There is a lot to do, including raising the funds pledged by our membership, but this vote of confidence from the government will get some real impetus behind the campaign to restore the Henry Jenkins as a much-loved community asset in the village.” 

The £330,000 grant is understood to be dependent on 20% match funding, meaning that HJCP needs to come up with £66,000 in order to access it. 

The chair of HJCP, Richard Sadler, said:  

“We’re delighted that the minister and the Community Ownership Fund team have recognised that we’ve put forward a realistic and properly costed business plan for the purchase and refurbishment of this important local asset. Together with more than £200,000 worth of pledged community shares from local people, this puts us in a strong position to do something exceptional. 

“We’re convinced that the revival of this historic building as a community-owned facility can make a huge difference to our village by creating an exciting new social space, bringing people together and helping to kick-start the regeneration of the local economy.” 

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The Henry Jenkins opened in the 1700s but closed in 2011 and was bought by current owner David Fielder the following year. At the instigation of local residents, it was first listed by Harrogate Borough Council as an asset of community value in 2017. However, in 2018 the listing on the eastern annexe was removed by the council, when it was sold to Mr Fielder’s business associate, Justin Claybourn. 

Since then, the owners and campaigners have been at loggerheads, with Mr Fielder rejecting six purchase offers from the HJCP group and refusing permission for a site survey. Mr Claybourn once even told HJCP that he would not sell to them “at any time or any price”. 

Happy to sell

But Mr Fielder told the Stray Ferret today he’d be willing to sell the pub immediately, for the right price. He said: 

“I’d be happy to sell. It’s up to them to call in the pledges, and then we’ll sell – for either £250,000 for the pub or £500,000 for the whole site including the house next door. 

“It’s stood empty since 2012, so it’d be nice to see it put to proper use.” 

Mr Sadler would not be drawn on how much HJCP would be willing to pay, but said: 

“We remain open to discussions with Mr Fielder, but we won’t entertain the idea of buying at above market price, and we insist on being able to have a survey and structural assessment carried out before negotiations begin, so that we can calculate exactly what the refurbishment costs would be. 

“The owner has allowed the pub to fall into a dilapidated state, he’s stripped out the interior, the roof has started to fall in, and the beer garden is completely overgrown. Through our local ward councillor, we have begun preliminary discussions with North Yorkshire Council over a proposed compulsory purchase order to break the deadlock and secure the Henry Jenkins for future generations. 

“We would like to make clear that we still regard compulsory purchase as a last resort. We are always open to discussions with the owner over purchase of the site but we will only pay a fair market price and so would need his permission for a proper valuation and structural survey.” 

The Mechanics Institute in Kirkby Malzeard

The Queen’s Head is also in the village.

Mr Fielder, who lives near Selby, bought his first pub in 1987 and has since amassed a broad property portfolio, which includes 18 pubs across North and West Yorkshire, industrial estates, farms, residential properties and student lets. 

Despite being prepared to sell the Henry Jenkins, he said he feared what impact its refurbishment might have on other local businesses. He said: 

“God knows what effect it’ll have on the Queens Head and the Mechanics’ Institute. There’s no way a village like Kirkby Malzeard can sustain three licensed premises plus an off-licence. That’s a fact, and I’ll be proved right. 

“There’s a lot of people struggling at the moment, so I think they might have difficulties collecting all the pledges. But that’s their problem, not mine. 

“If they can come up with the money, that’d be fantastic, but if they can’t then there’s no story, I’m afraid.”

The Henry Jenkins is named after a Yorkshire supercentenarian from Ellerton-on-Swale – 20 miles north of Kirkby Malzeard – who was said to have been 169 years old when he died in 1670.

The acrimonious struggle over the former Henry Jenkins Inn in Kirkby Malzeard has taken a new twist.

Last week campaigners handed a 500-plus name petition to Harrogate Borough Council calling for part of the closed-down and derelict premises to be re-listed as an asset of community value (ACV).

But now Justin Claybourn has taken the property off the market and informed the Henry Jenkins Community Pub campaign group (HJCP) he will not sell to them ‘at any time or any price’.

Mr Claybourn, whose successful planning appeal in December 2020 gives him permission to create a single dwelling in the part of the building that he owns, is now going to press ahead with plans to convert it to residential use and create a family holiday home.

Campaigners collecting names for their petition in Harrogate.

His business associate and agent David Fielder, who owns the pub group Fielder Holdings, told the Stray Ferret:

“Since 2018 Mr Claybourn has owned the old joiner’s shop, previously known as the eastern annex of the Henry Jenkins.

“The pub closed more than 10 years ago and Mr Claybourn has become increasingly annoyed with the campaign group’s actions, in particular their third attempt to have his property listed as an ACV even after his successful planning appeal.

“He directly holds HJCP responsible for the cost of defending the three ACV applications but further in his opinion the cost of his planning appeal. These costs exceed £25,000.”

Mr Fielder added:

“Over the past 10 years, nobody, including HJCP, has made a bid meeting the criteria that the property was on offer for — i.e. backed by hard cash, not pledges.

“With this in mind, following the latest move by HJCP, my client asked me to formally instruct them that his property has been removed from sale and will not return to the market.

“I was also instructed to advise them that due to their actions and costs they have made Mr Claybourn incur he would never consider a sale of his property at any time or at any price to HJCP.”

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Richard Sadler, press spokesman for the Henry Jenkins Community Pub group, said:

“This statement comes as no surprise to us and changes nothing:  The only reason the Henry Jenkins has stood empty for the last 10 years is that Mr Fielder — and latterly his associate Mr Claybourn — have refused to sell it to anyone.

“We have submitted to the council statements from three prospective private buyers who wanted to buy and refurbish it as a pub and restaurant — including a Michelin two-star trained chef —  but they were told either that the asking price had been vastly inflated or that the pub had been sold.

“The Henry Jenkins Community Pub group has since made five offers to buy the pub at or above the price set by an independent valuer – but all these offers have been refused.”

“Despite this – and despite previous statements by Mr Fielder saying he would never sell the pub to us – we remain open and willing to discuss terms for a purchase of the Henry Jenkins as a community facility.”

The bitter battle between a community campaign group and the owner of a now-derelict pub in Kirkby Malzeard rages on.

More than 10 years after the last pint was pulled at the Henry Jenkins Inn, the fight has entered a new phase.

Campaigners want to refurbish and resurrect the centuries-old inn and see it return as a community-owned and run pub, restaurant and coffee shop.

To support their case, they have launched a petition calling on Harrogate Borough Council to restore Asset of Community Value listing, so it covers all of the building in Main Street.

They hope that the petition will contain 500 or more signatures when it is presented at the full council meeting next Wednesday.

Also preparing an approach to the council is David Fielder, owner of the western portion of the building, which was the original pub before an eastern annex was added.

He told the Stray Ferret:

“I am going to apply for a change of use from public house to residential.”

Flashback to how The Henry Jenkins Inn looked before it closed

Fielder Holdings, Mr Fielder’s pub company, sold the eastern part of the building to his business associate Justin Claybourn, who subsequently applied for a change of use to allow conversion to a single dwelling.

The council’s decision to refuse the application was overturned at a planning appeal in December.

At the online hearing, planning inspector Helen Hockenhull said:

“I am not persuaded that the loss of the annex would make the remaining pub unviable for an alternative community use.

“The scheme would therefore not result in the unnecessary loss of a community facility reducing the community’s ability to meet its day to day needs.”

‘No prospect of reopening’

In making her decision, Ms Hockenhull took into account the fact that Kirkby Malzeard already has a pub – The Queen’s Head, as well as Kirkby Malzeard Mechanics Institute, which is also licensed to sell alcohol.

In a hammer blow to campaigners, she concluded:

“There is no reasonable prospect of the public house reopening.”

However, the campaign group thinks differently, though its ambitions are reliant upon securing the purchase of the whole site from its two owners.

In May, they offered £200,001 for the entire Henry Jenkins building, saying it would use £237,000 of pledges made by supporters to fund the deal.

Richard Sadler, press spokesman for the Henry Jenkins Community Pub group, said:

“It’s vitally important that this pub is recognised for what it is: The Henry Jenkins has been an essential part of the fabric of this village for hundreds of years, the overwhelming majority of villagers want it back as a pub and community facility – and they’ve put their money where their mouth is.”

But Mr Fielder said:

“Both my part of the former pub and Mr Claybourn’s eastern annex remain for sale. For the whole site any purchaser would need around £500,000 to secure a deal.

“We’ve always been willing to speak with the campaigners, but there is a significant difference between their valuation and our own.”

Possible £250,000 support

If the campaigners, who have the support of Kirkby Malzeard Parish Council, district ward councillor Nigel Simms and former MP and now pub campaigner Greg Mulholland, are successful in their application to obtain ACV listing for all of the Henry Jenkins, Mr Sadler, claimed:

“The group would be well placed to qualify for up to £250,000 under the government’s new Community Ownership Fund.”

He does, however, admit:

“If the whole of the pub is not recognised as an ACV, that could sink our chances.”

“That’s why we’re calling on the council to do the right thing. It never made sense to delist half a pub just because it has changed hands – the council should be helping local communities rather than private developers.”

The campaign to reopen the derelict Henry Jenkins Inn in Kirkby Malzeard as a community pub has been dealt a hammer blow.

The Planning inspectorate, a government agency that deals with planning appeals, has overturned Harrogate Borough Council’s decision to refuse planning permission for conversion of the eastern part of the site into a single dwelling.

The Henry Jenkins Community Pub Ltd sought to prevent redevelopment of the site by having the building registered as an asset of community value.

HJCPL’s 190 members raised £236,000 in pledges, with the intention of purchasing the whole Henry Jenkins site and refurbishing it.

The group was confident the council’s decision would be upheld – but Helen Hockenhull, of the Planning Inspectorate, was not persuaded by their argument.

Nine years after the last pint was pulled in the Henry Jenkins, she concluded:

“There is no reasonable prospect of the public house reopening.”

The Planning Inspectorate highlighted that Kirkby Malzeard already has the Queen’s Head pub.

In making her decision, Ms Hockenhull took into account that Kirkby Malzeard has an existing pub – The Queen’s Head – and also the fact that the Mechanics Institute, across the road from the appeal site, is licensed to sell alcohol.

The campaigners also had to overcome the hurdle that the western portion of the site, belonging to Fielder Holdings, remains available for sale or let.

The inspectorate accepted that allowing the application, made by developer Justin Claybourn, to convert the eastern annex into a dwelling, would be a disappointment, but concluded:

“I am not persuaded that the loss of the annex would make the remaining pub unviable for an alternative community use.

“The scheme would therefore not result in the unnecessary loss of a community facility reducing the community’s ability to meet its day to day needs.”

The appeal decision has been welcomed by David Fielder, who bought the shut-down Henry Jenkins from receivership in 2012 and subsequently sold the eastern portion of the building to Mr Claybourn.

Mr Fielder, whose company David Fielder Inns owns and operates 16 pubs, mainly in Yorkshire and Hambleton, told the Stray Ferret:

“Of these, 10 were closed when I bought them and nine were successfully re-opened and traded prior to covid, the only exception being the Henry Jenkins. I simply could not attract a tenant.

“Kirkby Malzeard cannot sustain two pubs, this view has been echoed by everyone I have had to view or have approached with a view to taking the Henry Jenkins on.

“There are also six pubs within 3.6 miles of the village all offering different experiences. Two have been for sale in recent years and failed to attract buyers.”

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HJCPL has no right of appeal against the inspector’s decision.

Its chairman, David Robinson, said:

“We must accept her conclusions and move on.

“It’s a blow and a big setback. We felt that we had a very strong case and we were supported at the online appeal hearing by an HBC planning officer.”

The western portion of the Henry Jenkins Inn is still available for sale or let.

HJCP’s management team must now decide whether making Mr Fielder an offer for his part of the site would enable it to create a viable community facility.