An investigation has concluded that “no irregularities” took place when a Harrogate Borough Council planning officer sent emails saying he “massaged” a key report on plans for the controversial Kirby Hill A1(M) service station.

The council launched the probe after emails revealed Barrie Gannon, a former principal landscape architect, made changes to a report in 2019 when the council went against three previous refusals of the plans to recommend approval in what campaigners described as a “complete U-turn”.

Seventeen months later, the service station was approved at a fourth appeal by the developers despite 25 years of objections.

It is not known what changes were made to the landscape report, but Gareth Owens, chairman of Kirby Hill Residents Against Motorway Services, said he believes the council’s actions were “highly suspicious”.

Mr Owens also said he has “no confidence” that the matter has been “properly investigated” and added it “leaves more questions than answers”.

He said: 

“We think the council’s U-turn on the decision, after 25 years of objections on landscape grounds, is highly suspicious.

“The landscape position remained one of refusal until shortly before the planning committee meeting. It was altered only when a different landscape officer, by his own admission, ‘massaged’ the report.

“The council has not provided any evidence that this change of heart was above-board and followed due planning process.

“The absence of such evidence suggests that it was not.”

Change of stance

The emails, which have been seen by the Local Democracy Reporting Service, show Mr Gannon said to a colleague: 

“I’ve massaged the landscape section 9.56 -9.69 which hopefully reads better.”

Read more:

• Inquiry launched after council officer ‘massaged’ A1 service station report

• ‘There is a need’ for A1 service station near Kirby Hill, inquiry told
• Government approves A1 service station after fourth appeal in 25 years

The landscape report itself said the impact of the service station was “not substantive” in what campaigners described as the “complete U-turn” from a previous council assessment which warned the plans would cause “significant harm”.

This led to questions over why a change of stance was taken, but the council has repeatedly defended its position.

A council spokesperson said: 

“We can confirm that, following allegations that a report was ‘massaged’, an investigation was carried out.

“This investigation found no irregularities in the preparation of the officer report for the planning committee.

“As was stated at the time, officer recommendations are fair and impartial, and carefully considered against local and national planning policy, case law, consultation and anything else considered to be ‘material’ to the decision.”

Background: Villagers’ 25-year fight against the Kirby Hill service station

For over a quarter century, villagers living in Kirby Hill had been fighting – and winning – a battle against the plans from Irish-firm Applegreen.

The service station was refused four times by councillors on Harrogate Borough Council’s planning committee and three times by a government inspector in 1997, 2003 and 2010.

However, their luck ran out in 2019 when a fourth government inspector gave the go-ahead.

Planning inspector David Rose said in his ruling that the proposals were “materially different” to past plans.

However, his decision was met with anger from villagers whose objections had not altered since the first application was submitted back in 1996.

Harrogate Borough Council paid more than £45,000 in legal fees to defend a decision to refuse a controversial service station near Kirby Hill.

According to the council’s own public record of expenses, the authority paid Stephen Whale QC £45,491 in counsel fees for the inquiry.

The figures show the council made three payments of £43,000, £750 and £1,741 between January and March this year.

Harrogate Borough Council said the fees also included a successful defence of a decision to refuse a proposal for a service station on the A1(M) near Ripon at the same hearing.

The Stray Ferret asked the council whether the sum was the total paid to Mr Whale and if it wished to comment on the fees.

A council spokesman said:

“The legal fees for Stephen Whale QC were for two appeals; Kirby Hill and Melmerby. The latter was successfully defended by the council following its decision to refuse.

“When an appeal is to be heard at a public inquiry, it is appropriate and expected for a local authority to make use of highly rated and specialist legal counsel to run its case.”

Read more:

• A1 service station decision ‘flies in the face of localism’, say campaigners

• ‘There is a need’ for A1 service station near Kirby Hill, inquiry told

• Kirby Hill campaigners call for review of service station decision

Mr Whale, of London-based Landmark Chambers, appeared at the hearing in February.

The hearing lasted two weeks and included multiple testimonies to defend the council’s refusal of the proposal. 

But it resulted in the service station between junction 48 and 49 on the A1(M) northbound being approved after 25 years of public inquiries and planning battles.

However, a separate appeal from Moto Hospitality Ltd for a motorway service station on the A1 near Ripon at junction 50 was rejected.

David Rose, the government’s planning inspector who oversaw the inquiry, said the benefits of the service station near Kirby Hill would outweigh the harm.

Campaigners call for review

Since the approval, campaigners in Kirby Hill have called on the government to review the inspector’s decision.

They have questioned one of the policies used in the inspector’s report to approve the site, which says that the distance between motorway service areas should be “no more than 28 miles, but it can be shorter”.

Gareth Owens, chair of Kirby Hill Residents Against Motorway Services, said the decision made in April “does not make sense”.

Mr Owens said the policy “appears to have been plucked out of thin air” and called for a review of the decision.

He told the Stray Ferret earlier this week:

“The government should admit that it made a mistake in approving the Vale of York motorway services and should announce a review of this controversial decision.”

Campaigners against a planned motorway service station in Kirby Hill have called on the government to review a decision to approve the development.

Gareth Owens, chair of Kirby Hill Residents Against Motorway Services, said the decision made back in April “does not make sense”.

It follows a 25 years of public inquiries and planning battles over the service station which is earmarked for a site between junctions 48 and 49 of the A1(M) northbound, between Boroughbridge and Ripon.

David Rose, the planning inspector who oversaw the latest inquiry, gave approval for the plan submitted by Dublin-based company Applegreen.

Read more:

• A1 service station decision ‘flies in the face of localism’, say campaigners

• ‘There is a need’ for A1 service station near Kirby Hill, inquiry told

Campaigners have called into question one of the policies used in the inspector’s report to approve the site, which says that the distance between motorway service areas (MSA) should be “no more than 28 miles, but it can be shorter”.

Mr Owens said the policy “appears to have been plucked out of thin air” and called for a review of the decision.

He said:

“The government should admit that it made a mistake in approving the Vale of York motorway services and should announce a review of this controversial decision.”

Mr Owens added that the service station was an example of developers pushing through applications and that proposed planning reforms had “gone too far”.

He added:

“Boris Johnson and his Secretary of State, Robert Jenrick, need to realise that their reforms of the planning system to make approval easier have already gone too far.

“People are outraged that controversial major developments, such as the proposed Vale of York motorway services, are being imposed on them.”

Julian Smith, MP for Skipton and Ripon, wrote to the government on behalf of residents to raise concern over the inquiry process.

In response, Eddie Hughes, minister for rough sleeping and housing, said while he understood the  “disappointment felt” by residents, the inspector took “full account” of representations made by them.

He said in a letter to Mr Smith:

“I understand the disappointment felt by Mr Owens and the other constituents you mention, that the outcome of these appeals was not what they were hoping. 

“However, it is clear from the decision that the Inspector took full account of representations received from interested local residents and, in particular, the evidence submitted by Kirby Hill Residents Against Motorway Services group. 

“Their representations are referred to and assessed by the Inspector throughout the decision.”

The Harrogate and Knaresborough parliamentary constituency could be reduced in size, under proposals outlined today by the Boundary Commission for England.

Under the plans, Harrogate and Knaresborough’s electorate would be shrunk and areas, including Boroughbridge, would fall under a new constituency.

Harrogate and Knaresborough’s constituency would see its electorate fall from 74,319 to 72,850. The Conservative Andrew Jones currently holds the seat.

The commission has carried out a review of parliamentary seat boundaries and opened a public consultation.

Following further consultation next year, it will publish a final report on boundary changes in 2023.

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Under the current proposals, the number of constituencies in Yorkshire and Humber would remain at 54.

But Conservative Nigel Adams’ seat of Selby and Ainsty, which includes the south of Harrogate, would be scrapped.

The current constituency boundaries in and around the Harrogate district.

Instead, Selby would have its own seat and the north of the district would fall under a new constituency called Wetherby and Easingwold, which would take in areas including Wetherby, Boroughbridge and Green Hammerton.

A map of the new constituency and reduced Harrogate and Knaresborough seat under the Boundary Commission plans. Picture: Boundary Commission.

Kirby Hill and Bishop Monkton would become part of the new Wetherby and Easingwold seat.

The Skipton and Ripon constituency, which is currently represented by Conservative Julian Smith, would include Ripley, which is currently part of Harrogate and Knaresborough.

Tim Bowden, secretary to the Boundary Commission for England, said:

“Today’s proposals mark the first time people get to see what the new map of parliamentary constituencies might look like. But they are just the commission’s initial thoughts.

“Help us draw the line to make the number of electors in each parliamentary constituency more equal.

“Each constituency we recommend is required by law to contain between 69,724 and 77,062 electors, meaning there will be significant change to current boundaries.

“We want to hear the views of the public to ensure that we get the new boundaries for parliamentary constituencies right.”

The review will increase the number of constituencies in England from 533 to 543.

Just under 10% of existing seats remain unchanged as part of the proposals.

Members of the public can have their say on the proposals as part of an eight-week public consultation on the Boundary Commission for England website.

The consultation will close on August 2.

An inquiry has been launched after emails revealed a Harrogate council officer “massaged” a key report on now-approved plans for a controversial motorway service station on the A1(M) near Kirby Hill.

Emails seen by the Local Democracy Reporting Service show that Barrie Gannon, former principal landscape architect at Harrogate Borough Council, made changes to a landscape report in 2019 when the council’s planning department went against three previous refusals to recommend approval.

Mr Gannon said he hoped the changes would make the report “read better” – although it is not yet known what was amended.

What is clear though are the report’s conclusions. It said the landscape impact of the service station was “not substantive” in what campaigners have described as a “complete U-turn” from a previous council assessment, which warned it would cause “significant harm”.

The revelations have sparked questions over why a change of stance was taken, as well as concerns over impartiality within the planning department.

Gareth Owens, chair of Kirby Hill Residents Against Motorway Services, said:

“It is a mystery to us how officers made a complete U-turn on the landscape assessment. Landscape harm has been the main reason for refusal of a motorway service area at this site for 25 years.

“We do not understand how or why this position changed.”

The proposals put forward by Applegreen were most recently rejected by councillors in 2019.

However, that decision was overturned at an appeal this month as the developers won approval at the fourth time of asking.

Read more:

• Villagers battle weary as fourth inquiry into A1 service station starts

• ‘There is a need’ for A1 service station near Kirby Hill, inquiry told
• Government approves A1 service station after fourth appeal in 25 years

Mr Owens, who gave evidence during the appeal, said the landscape report played a key part in the planning inspector’s decision to grant approval, which made it even more important to understand why the council had changed its conclusions.

He said:

“The officer’s report was not only presented to the planning committee. It was relied on by Applegreen at the public inquiry, who told the inspector that he should accept the view of the council’s professional planning officers, which he duly did.

“The planning inspector went along with the planning officer’s conclusions on landscape, so we think it is important to understand how they were arrived at.”

In the email dated November 2019, Mr Gannon said to a colleague: “I’ve massaged the landscape section 9.56 – 9.69 which hopefully reads better.”

Robert Windass, the Conservative councillor for Boroughbridge and one of the planning committee members who previously rejected the service station, said he had “serious concerns” about the email after he made calls for the inquiry last week.

Speaking at a full council meeting, he asked the council’s cabinet member for planning councillor Tim Myatt:

“Will you undertake a full inquiry into this matter to ensure that all reports presented to the planning committee in future are factual, truthful and unbiased?”

In a statement, councillor Myatt later said he was “confident” that officers always made “fair and impartial” assessments of planning applications.

He said:

“Officer recommendations are formed based on their assessment of information available about the application, including information submitted by the applicant, internal and statutory consultees, and the public.

“I am confident that officer recommendations are based on a fair and impartial assessment of that information.

“Together with officers, I have met with councillor Windass to discuss his concerns regarding the landscape assessment included in the officer’s report to committee.

“I agree with councillor Windass that there is a need to provide residents with reassurance that our planning processes were followed correctly, and I have agreed with councillor Windass that we will look into the specific concerns he has raised before providing a report to councillors.”

The government has approved a motorway service station on the A1 near Kirby Hill after 25 years of public inquiries and planning battles.

The proposal from Dublin-based company Applegreen will see the service station built between junctions 48 and 49 of the A1(M) northbound, between Boroughbridge and Ripon.

A filling station, hot and cold food outlets, a drive-through coffee shop will be built and 364 car parking spaces created.

However, a separate appeal from Moto Hospitality Ltd for a motorway service station on the A1 near Ripon has been rejected.

In a saga which has spanned a quarter of a century, Applegreen’s application has been before multiple council planning committees, faced four public inquiries and been turned down twice by the Secretary of State and the High Court.

Councillors on Harrogate Borough Council initially rejected the latest plan in 2019, but Applegreen took the decision to an appeal hearing, which was held in February.

Read more:

• Villagers battle weary as fourth inquiry into A1 service station starts

• ‘There is a need’ for A1 service station near Kirby Hill, inquiry told

The inquiry, which was held by planning inspector David Rose and streamed onto YouTube, lasted two weeks and included multiple testimonies from residents, campaigners and developer Applegreen.

The proposed motorway service station site on the A1 northbound near Kirby Hill.

In a decision notice today, Mr Rose said after considering the evidence that the benefits of a service station would outweigh the harm.

He said:

“In summary, considerable weight attaches to the less than substantial harm relative to the identified designated heritage assets. 

“Loss of best and most versatile agricultural land is also a further negative factor of moderate weight. 

“However, individually, and cumulatively, the wider public benefit in meeting the demonstrable need for a motorway service area, for the safety and welfare of motorists, would outweigh that harm.”

Speaking to the Stray Ferret earlier this month, Gareth Owens, chair of the Kirby Hill Residents Against Motorway Services, said the group was prepared to continue to oppose the plan whatever the outcome of the appeal.

Residents in Kirby Hill have pledged that they “will not stop” opposing a motorway service station on the A1 following the closure of a fourth public inquiry into the plans.

Gareth Owens, chair of the Kirby Hill Residents Against Motorway Service Station (RAMS), said the group was prepared to continue “robust opposition” to the proposals.

It follows the closure of a fourth inquiry in 25 years into the plan to build a service station off the A1(M) northbound near the village.

The hearings lasted two weeks and included multiple testimonies from residents, councillors and representatives from Applegreen, the developer.

Read more:

• Villagers battle weary as fourth inquiry into A1 service station starts

• ‘There is a need’ for A1 service station near Kirby Hill, inquiry told

Mr Owens said the inquiry was like a “soap opera” for the village, with local people tuning into the hearings which were streamed live on YouTube.

He added that residents felt the service station was a threat to their community and came together to oppose the plan.

Mr Owens said:

“The people who live here are the people who want to live an open life in the countryside.

“If you put a motorway service station there, we will feel like we are a different community. There are an awful lot of people who feel that way.

“Our experience of living here will be changed.”

David Rose (top right), the government’s planning inspector, opened the public inquiry into the A1 service station in February.

Mr Owens gave evidence at the inquiry, which was scheduled for 11 days but ended up lasting for two weeks. Some of the hearings ran for as long as eight hours.

The government’s Planning Inspectorate, which handles planning appeals, told the Stray Ferret that a decision on the service station was expected “in the coming weeks”.

Mr Owens said he felt residents gave a good account of themselves at the inquiry.

However, he added that the group would continue to oppose the application whatever the outcome.

“We’re not going to stop.”

The Stray Ferret approached Applegreen for comment, but did not receive a response.

Rhodri Price Lewis, who represented Applegreen at the public inquiry, told the inquiry there was an “established need” for a new motorway service area between Wetherby services and Leeming Bar.

Kirby Hill RAMS have maintained there is no need for the service station on the A1(M).

The company behind a proposed motorway service station on the A1 near Kirby Hill has told a public inquiry there is an “established need” for the facility.

Applegreen Plc, a Dublin-based company which runs filling stations in the USA, UK and Ireland, is appealing a decision by Harrogate Borough Council to reject its plan in 2019.

It is the fourth time the development, just north of Boroughbridge, has been brought before a planning inquiry in 25 years.

David Rose, the government’s planning inspector, opened the inquiry this morning.

The inquiry is also hearing an appeal from Moto Hospitality for a service station at junction 50 near Ripon. The borough council refused the plan in October last year.

The hearings are being held online due to the coronavirus pandemic.

Opening statements were heard from Applegreen, the borough council, Moto Hospitality and Kirby Hill Residents Against Motorway Services today.

‘Urgent’ need for services

Rhodri Price Lewis, who is representing Applegreen, said there was an “established need” for a new motorway service area between Wetherby services and Leeming Bar.

He said the “primary function” of services is to support safety and welfare of drivers.

Read more:

• Villagers battle weary as fourth inquiry into A1 service station starts

• A1 service station plan to enter fourth inquiry

• Two A1 service station appeals to be heard in New Year

Mr Price Lewis argued that government policy now required services to be located no more than 28 miles apart and that the distance between Wetherby and Leeming Bar exceeded this.

He told the inquiry:

“There is a need for a motorway service area and the Applegreen site is well placed to meet that need.”

He added the £40 million Applegreen site would create a “substantial amount” of new jobs.

Addressing concerns the site would encroach into the open countryside, Mr Price Lewis said it was “inevitable” and “inescapable” that agricultural land would have to be used “if the need is to be met”.

The site off the A1 northbound between junctions 48 and 49, where multiple plans for a motorway service station have been submitted.

Meanwhile, Peter Dixon, speaking on behalf of Moto Hospitality, said the proposed services near Ripon would better serve the A1.

He told the inquiry that a delay in the upgrade at Leeming Bar, which was given permission in 2012, demonstrated an “urgent” need for a new service station.

Developers “will not take no for an answer”

Stephen Wale, representing Harrogate Borough Council, told the inquiry there was no need for the services.

He added the Applegreen site would encroach into open countryside and harm the landscape.

Mr Wale said drivers already had the benefit of two services within a short distance of each other and that the proposed site was not allocated in the council’s Local Plan, which is the blueprint for future planning in the district.

The motorway service station site, as proposed by Applegreen, on the A1 northbound near Kirby Hill.

He said:

“In short, there is no need for either of the appeal schemes.

“There is an existing motorway service area at Wetherby. There is a motorway rest area at Leeming Bar, controlled by Moto, and development has begun there with respect to a planning permission granted for a motorway service area.”

The inquiry also heard from Gareth Owens, chair of Kirby Hill RAMS, who spoke on behalf of residents.

He said the Applegreen site had already been rejected by councillors, inspectors and the High Court multiple times over the last 25 years.

Mr Owens said: 

“The question that local people are asking, sir, is ‘why are we even here again’? 

“The answer, sadly, is that this site has a recalcitrant promoter who, despite 25 years of refusal, will not take ‘no’ for an answer, because they have no respect for the properly-taken decisions of the planning system.”

He added that the residents’ group disagreed with claims from the developer that the distance between the two current services was 28 miles.

Mr Owens said the service station was not needed and would be an “unnecessary development”.

The inquiry is expected to continue for 11 days.

After 25 years of multiple inquiries and court hearings, another inquiry into building a motorway service station A1 near Kirby Hill is set to open today.

It will be the fourth time the proposal has gone before a planning inspector since 1996.

The ongoing saga has left residents feeling battle weary. They have described it as “a burden on the village”.

Quarter of a century of hearings

In October 1996, Heaver Ive Associates, a property developer, submitted a planning application to Harrogate Borough Council for a 24/7 service station between junctions 48 and 49 on the A1 northbound.

It would become the first in a long running saga pitting residents against developers that would eventually reach London’s High Court and the Secretary of State for Housing, Communities and Local Government.

After initially seeing permission granted after a public inquiry in 1999, a High Court judge quashed the decision just 12 months later.

From there, the plans failed to convince both Harrogate Borough Councillors and planning inspectors in 2005 and 2012.

The motorway service station site, as proposed by Applegreen, on the A1 northbound near Kirby Hill.

On both occasions, the Secretary of State opted to approve a different service station to serve the A1.

In 2005, Wetherby services were given the green light to be built. Approval to upgrade Leeming Bar followed seven years later.

After successive refusals by Harrogate Borough Council, Dublin-based Applegreen Plc, which runs petrol stations in the UK, United States and Ireland, submitted a fresh proposal.

The company’s plans in 2018 promised creating a spot to “refresh in a comfortable and welcoming environment”.

But, a year later, councillors denied permission again on the grounds that the site was not suitable for a service station and was not included in the district Local Plan.

The authority said in a decision notice that the development was “unsustainable” and would encroach into the open countryside resulting in “harm to the landscape and irreversible damage to agricultural land”.

Read more:

• Villagers battle weary as fourth inquiry into A1 service station starts

• Motorway services plan near Ripon rejected

• Two A1 service station appeals to be heard in New Year

Applegreen appealed the decision in January last year, but the outbreak of the coronavirus pandemic delayed the subsequent inquiry until this year.

What is the latest proposal?

The latest plans would see a service station built on the west side of the A1(M) north of the B6265 between Boroughbridge and Ripon.

A bridge would connect the site on the northbound carriageway with the southbound, while roundabouts with slip roads would connect the site with the A1.

Included in the application is a filling station, hot and cold food outlets and a drive-through coffee shop.

It also includes parking spaces for 364 cars, 90 heavy goods vehicles, 20 motorcycles, 18 coaches and 13 caravans.

What happens now?

The government’s Planning Inspectorate will open a public inquiry today.

The inspector will hear both the Applegreen and an application from Moto Hospitality for a service station near Ripon at junction 50, which was also refused.

A spokesperson for the Planning Inspectorate said that both would be considered by one inspector “in the interests of efficiency” because they have common issues and are within the same local authority area.

An inspector will hear the case and publish a judgement at a later date.

Residents in Kirby Hill have said plans for a motorway service station have been “a burden” on the village for the past 25 years.

Kirkby Hill Residents Against Motorway Services (RAMS) have campaigned against four applications on the site on the A1 northbound, which is just 500 yards from the village.

In a saga which has spanned a quarter of a century, the application has been before multiple council planning committees, faced three public inquiries and been turned down twice by the Secretary of State and the High Court.

Now, residents are set for a fourth public inquiry tomorrow after Applegreen, the latest developer to have submitted a proposal, has appealed against another rejection by Harrogate Borough Council.

Gareth Owens, chair of the RAMS since 2002, said the village is tired of fighting the proposals and expect them to come back every five years.

He said:

“The thing people say to me is ‘when will no mean no?’.

“This is the fourth public inquiry in 25 years and it’s a burden on the village.”

The motorway service station site, as proposed by Applegreen, on the A1 northbound near Kirby Hill.

Mr Owens and his team will once again mobilise for the inquiry tomorrow.

Twenty-two residents will give evidence to the inquiry, which is being held online due to the coronavirus pandemic.

Read more:

• Kirby Hill residents prepare to continue motorway services fight

• Motorway services plan near Ripon rejected

• Two A1 service station appeals to be heard in New Year

Residents are expected to argue that there is no need for another service station on the A1 and that the development would do more harm than good.

In evidence due before the inquiry, they will say that the Secretary of State refused permission for the Kirby Hill site twice in favour of a station at Wetherby in 2003 and an upgrade to Leeming Bar in 2012. They will also say that the development is contrary to the newly adopted Harrogate district local plan.

Gareth Owens, chair of the Kirby Hill RAMS, speaking against the application at Harrogate Borough Council’s planning committee. Picture: Kirby Hill RAMS

While the last quarter of a century has been difficult for residents, Mr Owens said they are determined to see off another attempt to build on the site.

He said:

“It’s taken up a large amount of time and effort.

“One of the things we say is what we could have done to benefit the community if we were not fighting this.

“But we are determined to see this off. That been said, it has brought the community closer together.”

The Stray Ferret contacted Applegreen for comment, but did not receive a response by time of publication. The company said previously that it would not be appropriate to comment until the appeal had been heard.