A developer behind an appeal to build 53 homes on Knox Lane in Harrogate will seek costs from North Yorkshire Council.
Councillors on the authority’s Harrogate and Knaresborough planning committee rejected plans for the homes off the street in the Bilton area in September last year.
Teesside developer Jomast has appealed to the government’s Planning Inspectorate after it said the plans were recommended for approval by council officers on four separate occasions.
A public inquiry into the matter is due to be held on July 23 and is expected to last for five days. A venue is yet to be confirmed.
The Planning Inspectorate will then make a decision at a later date.

Knox Lane
Meanwhile, the developer has applied to be awarded costs as part of its appeal.
In documents submitted to the government, Patrick Stone, of planning agent Spawforths which is representing Jomast, said the authority “demonstrated unreasonable behaviour” during the planning process.
He said:
“The council acted unreasonably in overturning the professional judgement of the case officer that the application was assessed to be in line with local and national policies and recommended for approval.”
The move means the council could face high costs if it loses on appeal.
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The council’s Harrogate and Knaresborough area planning committee rejected the application in September 2023.
A 45-page report by council case officer Andy Hough before the meeting said the application was “considered to now be in compliance with development plan policy” and should be approved.
But councillors cited concerns about land contamination and the lack of a travel plan to go against Mr Hough’s recommendation. The site is alongside a narrow cul-de-sac and not close to a bus route.
Cllr Paul Haslam, who represents Bilton and Nidd Gorge, spoke on behalf of residents at the meeting. He said:
Developer appeals decision to refuse 53 homes in Harrogate“There have been over 500 objections to this application from residents. Not because they are ‘nimbys’, but because they believe the council is making a mistake.”
A property developer has launched an appeal after its bid to build 53 homes in Harrogate was refused.
Councillors on North Yorkshire Council’s Harrogate and Knaresborough planning committee rejected plans for the homes off Knox Lane in the Bilton area in September last year.
Now Teesside developer Jomast has appealed to the government’s Planning Inspectorate, which means the council faces a potentially costly legal battle.
Jomast’s appeal form indicates it has opted for an inquiry rather than a hearing or written representations.
It expects the inquiry to last four days and to call witnesses in the fields of planning, highways, design, landscape and ecology
The document says the 3.2-hectare site is owned by the Greenbank family near Boroughbridge.
The council must now decide whether to contest the appeal.
It is the latest round in the long running campaign to build homes off Knox Lane, which has been fiercely resisted by local people.

The site earmarked for houses.
A 45-page report by council case officer Andy Hough before last September’s planning meeting said the application was “considered to now be in compliance with development plan policy” and should be approved.
But councillors cited concerns about land contamination and the lack of a travel plan to go against Mr Hough’s recommendation. The site is alongside a narrow cul-de-sac and not close to a bus route.
Cllr Paul Haslam, who represents Bilton and Nidd Gorge, spoke on behalf of residents at the meeting. He said:
“There have been over 500 objections to this application from residents. Not because they are ‘nimbys’, but because they believe the council is making a mistake.”
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Councillors back plea to remove Knox Lane site from local plan
Harrogate and Knaresborough councillors will ask officials drawing up a new map for housebuilding in North Yorkshire to consider removing the 53-home Knox Lane site.
Developer Jomast has seen proposals at the location repeatedly thwarted by council planning committees, most recently in September.
The plans have been controversial in Bilton and Knox with residents claiming the development will destroy wildlife and a green corner of the Harrogate suburb.
More than 2,200 people have signed a petition calling on North Yorkshire Council to remove the site, known as H2, from inclusion in the new countywide local plan it’s working on.
If the Knox Lane site were excluded, it would significantly reduce the chances of houses ever being built there.
However, Jomast could be keen to secure planning permission before the new local plan is finalised in four years as the site is included in the current Harrogate district local plan.

Campaigners Margaret Cockerill, Alison Heyward and Jill Harrison collecting signatures.
Alison Hayward, who organised the petition, addressed councillors at the council’s Harrogate and Knaresborough area constituency committee in Harrogate this morning.
Ms Hayward said:
“This community is made of individuals and families who treasure our peaceful natural surroundings and historic value. This community has residents who care and are worried about what will happen, and what we shall all lose if housing developments are allowed in H2.
“Including the site in the local plan would contradict the principles of sustainable and community-centred development.”
Councils are legally obliged to have a local plan that sets out where houses can be built over a minimum 15-year period.
The new North Yorkshire Council local plan is still in the early stages and officers are expected to issue a call for sites soon.

Site layout for the proposed Knox Lane scheme.
Councillor Paul Haslam, a Conservative for Bilton and Nidd Gorge, said if houses were built at Knox Lane residents would suffer because it was not near a bus stop or other local facilities.
He said:
“Imagine walking Knox Lane in the dark to get the 36 bus. There are other issues around adding to congestion, access to emergency services, flooding and building techniques required.
“Residents have made a constructive local-based consideration for us.”
Cllr Peter Lacey, a Liberal Democrat for Coppice Valley and Duchy, proposed a motion to ask North Yorkshire Council to give “serious consideration” to removing Knox Lane from the local plan.

Cllr Peter Lacey
The motion was backed by all councillors except Cllr Hannah Gostlow, a Liberal Democrat for Knaresborough East, who abstained because she sits on the council’s development plan committee overseeing the local plan process.
The Harrogate and Knaresborough area constituency committee has an advisory role so any decision on whether Knox Lane is included in the local plan will be made at a later date.
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Knox Lane housing refusal has ‘strengthened community spirit’
Residents on Knox Lane in Bilton have said community spirit has been “strengthened” after a plan to build 53-homes in the area was rejected.
The proposal, which was tabled by north east developer Jomast, was refused by councillors on North Yorkshire Council’s Harrogate and Knaresborough area constituency planning committee yesterday.
It followed concerns about land contamination and the lack of a travel plan for the site, which is alongside a narrow road at the edge of Bilton and not close to a bus route.

The current road serving the site.
The refusal of the plan has been welcomed by residents in the area.
Sue Wrightson, of Keep Knox Natural campaign group, said local people had worked hard to make the council listen to their concerns.
She said:
“Local residents have worked very hard over the last three years to ensure that council officers were aware of the many valid reasons why this development is entirely inappropriate.
“We have struggled to make them listen and we are very grateful to those planning committee members who have supported our case.
“Its been a learning curve as far as planning regulations are concerned but we have enjoyed the collaboration of several local experts.
“This whole episode has really strengthened local community spirit and resolve.”

Councillors questioned the plans at a lengthy meeting at Harrogate’s Civic Centre yesterday.
Cllr Paul Haslam, a Conservative who represents Bilton and Nidd Gorge, spoke on behalf of residents at the meeting. He said:
“There have been over 500 objections to this application from residents. Not because they are ‘nimbys’, but because they believe the council is making a mistake.”
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- Councillors reject plans for 53 homes on Knox Lane
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Liberal Democrats Cllr Chris Aldred and Cllr Hannah Gostlow raised concern that no travel plan had been submitted as part of the application.
Cllr Aldred said “insufficient information” was submitted in regards to a travel plan for councillors to make a decision.
Prior to the meeting, a report by council case officer Andy Hough said the plan was “considered to now be in compliance with development plan policy” and should be approved.
It added that the reasons for deferral at the last meeting would “not form reasonable reasons for refusal”, which indicated Jormast might successfully appeal the decision.
The Stray Ferret has approached Jomast to ask whether it is considering an appeal but had not received a response by the time of publication.
Councillors reject plans for 53 homes on Knox LaneCouncillors have rejected controversial plans to build 53 homes on Knox Lane in Harrogate.
The proposal, by north-east property developer Jomast, was deferred by councillors at the end of May for a third time.
Today’s decision follows concerns about land contamination and the lack of a travel plan for the site, which is alongside a narrow road at the edge of Bilton and not close to a bus route.
A 45-page report published before the meeting by case officer Andy Hough said the plan was “considered to now be in compliance with development plan policy” and should be approved.
It added that the reasons for deferral at the last meeting would “not form reasonable reasons for refusal”, which indicated Jormast might successfully appeal the decision.
The report also said approval would be subject to conditions and the developer paying a section 106 agreement to compensate for the impact of the scheme on local infrastructure.
But elected councillors on North Yorkshire Council’s Harrogate and Knaresborough area constituency planning committee today voted against Mr Hough’s recommendation.
Council officers said they were “satisfied” with land contamination sampling which was carried out by the developer.
However, residents still raised concern over the plan regarding land contamination and the absence of a travel plan.
Cllr Paul Haslam, a Conservative who represents Bilton and Nidd Gorge, spoke on behalf of residents at the meeting. He said:
“There have been over 500 objections to this application from residents. Not because they are ‘nimbys’, but because they believe the council is making a mistake.”
Cllr Haslam added if there was no Local Plan and suitable land supply, this application “would have been turned down”.
Meanwhile, Cllr Hannah Goslow, a Liberal Democrat who represents East, said:
“I would not be able to support this without seeing a travel plan.”
Read more:
- Controversial 53-home Harrogate scheme recommended for approval
- Contamination concerns delay decision on 53-home Knox Lane site
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Nick Turpin, the council’s planning case officer, said a condition could be added to the approval of the application that a travel plan is submitted.
Cllr Robert Windass, a member of the planning committee, said he felt councillors had delayed a decision on the proposal and “kicked it down the road three times already”.
He added:
“With this site, we stand to gain quite a number of affordable homes and social housing.”
However, councillors voted against the proposal by five votes and one abstention.
Cllr Chris Aldred, who was among those who rejected the plan, said “insufficient information” was submitted in regards to a travel plan for councillors to make a decision.
He also raised concern over the impact on an area of special landscape and the loss of biodiversity.