‘Rethink’ needed after another Harrogate and Knaresborough planning committee cancelled

North Yorkshire Council’s system of delegating key planning decisions to officers needs a “rethink”, according to the chair of the Harrogate and Knaresborough planning committee.

Cllr Pat Marsh’s comments come as the council has cancelled next week’s planning committee for the area due to a lack of agenda items.

Planning committees comprise of a group of cross-party councillors who are supposed to meet each month to make decisions on key planning applications.

But it is the third time a meeting has been cancelled since North Yorkshire Council was created in April to replace Harrogate Borough Council as the lead planning authority.

Councillors are able to call in contentious applications for committees to consider if there are sound planning reasons.

However, elected councillors across the county have been left frustrated due to far fewer applications being decided by the committees, which cover each parliamentary constituency area in North Yorkshire.

Cllr Marsh told the Local Democracy Reporting Service that she has expressed her concern to officers in Northallerton regarding the issue.

She said: 

“As councillors we do need to be seen to be taking planning decisions especially in the areas we represent we have the local knowledge and understanding.

“Planning is all about openness and transparency and we do need to make sure that is how the public see it. Hopefully the officers will have taken my concerns onboard and that a rethink is happening.

“I am not critical of our planning officers they do a great job it is just about the scheme of delegation that does need a rethink and soon.”

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According to a report by the Local Democracy Reporting Sserive in September, a council planning officer told a meeting there had been no attempt to try to block proposals going before councillors and officers were “trying to understand where those lines should be drawn”.

He added the authority would examine changing the balance over which planning applications should go before councillors.

The officer said: 

“The intention here isn’t to disenfranchise members. Members are a key part of this process.”

Green grants spark concern North Yorkshire will miss out to York

Council leaders have defended funding allocations for net zero projects in York amid claims they received a disproportionate amount of money to North Yorkshire.

A joint meeting of the Conservative-run North Yorkshire and Labour-run City of York councils to discuss the expected creation of a mayoral combined authority in January heard while the councils had agreed on how to split the first significant tranche of government devolution funding, uncertainty still surrounds the transfer of powers from Westminster.

Ahead of the meeting opposition councillors in North Yorkshire claimed the proposed division of the funds for net zero schemes would see York receive 47% of £6.2m being spent on capital schemes, despite having a population of about a third the size of North Yorkshire.

A total of 23 schemes will receive a share of the funding unlocked by the region’s proposed devolution deal, subject to devolution progressing for York and North Yorkshire.

They include street and building LED lighting schemes in York as well as innovation in energy generation, including The Electric Cow Project at Askham Bryan College in the city.

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The farming scheme will fund slurry-fuelled conversion equipment for dairy farms across the region to generate electricity from cow manure.

Other projects approved aim to tackle a decline of biodiversity, such as the project at the Denton Park Estate, on the edge of the Yorkshire Dales, where funds will support moorland restoration.

Critics of the proposed net zero programme have claimed York residents will benefit from millions of pounds of extra funding at the expense of communities across the vast rural county.

However, York and North Yorkshire Local Enterprise Partnership boss James Farrar told the meeting the schemes which were being funded represented “a good spread” across the area, including ones in York and every constituency in North Yorkshire.

Countering the criticism, leaders of both councils heralded the investment as a milestone for the region, with North Yorkshire Council leader Cllr Carl Les saying it was “a very exciting time”.

City of York Council’s leader Cllr Claire Douglas said addressing climate change was becoming increasingly important and the proposals represented the first cross-region thinking, rather than for York or for North Yorkshire as entities.

She said: 

“It’s really fantastic to see there’s such a wide coverage of the region.

“I think it’s also fantastic to see that this is the first significant investment that the combined authority is able to commit to.”

Harrogate housing company says 60-home scheme ‘undeliverable’ due to costs

A Harrogate-based housing developer has warned that a 60-home scheme near Ripon is “undeliverable” because of the terms being imposed.

V & A Homes has planning permission to develop a 6.8-acre site in Back Lane, Sharow (pictured).

But the section 106 agreement agreed between the developer and the local authority setting out planning obligations has proved to be a stumbling block.

The agreement requires 40 percent of the homes to be classed as affordable housing.

Besides this, the section 106 agreement requires V & A Homes to make a number of other financial contributions ranging from supporting education provision and traffic calming measures to funding improvements for Sharow Village Hall.

The housing site in Sharow, which is earmarked for 60 homes.

The site in Sharow earmarked for 60 homes.

Working on behalf of V & A Homes, consultants Continuum have submitted a financial viability assessment to North Yorkshire Council planners, after conducting detailed appraisals relating to the scheme.

The report, which has been uploaded on the North Yorkshire Council planning portal, said:

“Continuum conclude that the scheme cannot support any section 106 contributions (including affordable housing) as required by the current section 106 agreement and the section 106 agreement should be modified in order to allow for the scheme to be deliverable.”

The consultants added:

“The appraisals show that the proposed scheme makes a significant loss if the section 106 agreement’s contributions were not modified. Based on this, if contributions are not reduced, the scheme would be undeliverable.”

The report listed other factors, including increased developer finance rates, rising interest rates, a slowing residential market and ‘abnormal’ costs on site, which have impacted on  the viability of the development.

The developer is now seeking to modify the terms of the section 106 agreement.

The report said:

“At the time the application was being considered, our client highlighted that there were issues with the viability of the scheme due to cost inflation and abnormal costs.

“Harrogate council however informed that our client could undertake a viability assessment after receiving a planning consent instead of delaying the granting of a planning consent.

“Subsequently, since the granting of the planning consent, our client has requested that they be able to run a viability case to reduce the section 106 contributions through a section 106 modification. This has been accepted by North Yorkshire Council and this financial viability assessment forms the basis of the evidence behind the modification of the section 106 contributions.”

In November 2022, a planning application for the Sharow development was submitted to Harrogate Borough Council as a joint proposal by V&A and non-profit developer Broadacres Housing Association Limited. The application was approved by North Yorkshire Council planners in April.

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North Yorkshire Council set to lobby government for water quality measures

North Yorkshire Council looks set to write to the government calling for fundamental reform of the planning system to improve the county’s rivers, watercourses and coastline.

The Conservative-run council will consider pressing Secretary of State for Environment, Food and Rural Affairs, Thérèse Coffey, to make a series of changes to the National Planning Policy Framework to avert pollution as a result of new development.

The proposal has been approved by the authority’s transport, economy and environment scrutiny committee as a recommendation to be considered at a full meeting of the authority next month, alongside a series of other proposals to get to grips with water pollution in the county.

The meeting heard councillors raise serious concerns over water pollution in rivers such as the Swale and Ure, which run through Rishi Sunak’s constituency, as well as the county’s coastal waters, where marine life has repeatedly been impacted by a mystery issue in the water.

Liberal Democrat councillor Steve Mason told the committee the proposals needed bolstering by national policy to ensure developers could not use devices such as viability tests to avoid consideration of water issues.

He said: 

“We need to be lobbying hard for this to be included in national legislation.”

Cllr Hannah Gostlow, whose division includes Knaresborough and the River Nidd, which saw 870 sewage dump incidents last year, said lobbying government would be viewed as “a major step” by the authority.

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The proposed measures will aim to establish what the impacts and receptors are in relation to any development.

The meeting heard neither Local Plan policies nor national framework have the capacity to extend consideration in planning decisions to where foul water is in the main sewer, in terms of how it is treated.

Councillors were told a motion of council, to make water issues a “material planning consideration” would be of limited weight, and were they to be treated as having more weight in a development decision than the Local Plan or national framework, the decision could be challenged by developers at appeal.

Councillors from a range of political groups told the meeting there was a clear mandate to seek to have more robust engagement with water firms “to fully understand capacity constraints and opportunities”.

It is hoped making water firms statutory consultees in planning decisions, in the same way as exists for flooding and highways authorities, would allow the companies to embed expanding their capacity and technologies to reduce the incidence of flooding, whilst accommodating increased usage.

After the meeting, the council’s leader, Cllr Carl Les, said he sympathised with proposals to make water firms statutory consultees in planning decisions.

He said he believed councillors would all support lobbying the government to enable water firms to levy infrastructure charges on property developers to enable them to finance improving the capacity of systems such as sewage.

When asked whether the government should introduce a tougher system of fines for pollution breaches, Cllr Les said he was concerned water users would face increased charges to cover the firms’ fines.

Taxi drivers threaten judicial review over new single zone

Taxi drivers have threatened legal action against North Yorkshire Council’s decision to abolish hackney carriage zones.

Senior councillors backed the introduction of a county-wide zone on April 1 at a meeting last Tuesday (October 17). It means drivers can now operate anywhere across the county, rather than being limited to areas such as the former Harrogate district.

Taxi drivers say this has led to a range of problems, including drivers flocking to popular urban areas while ignoring less profitable rural areas.

Now licensing consultant David B Wilson has claimed the decision to introduce the single zone was unlawful and has threatened action.

In a letter to Barry Khan, the council’s monitoring officer, seen by the Stray Ferret, Mr Wilson gave notice that drivers had instigated a judicial review pre-action protocol.

He urged the authority to find a resolution to the matter and investigate why the council’s executive had legally approved the measure.

Mr Wilson said:

“Before instructing solicitors to pursue an application for judicial review, including service of the pre-action protocol letter before action, my clients have instructed me to write to you in the hope this matter can be finally resolved without the need for either party to incur significant further costs.

“As futile as it may be, as the challenged resolution was made with legal advice provided by you (monitoring officer) and Laura Venn (deputy monitoring officer), for the sake of completeness, my clients ask you to review the law and reconsider whether the council has acted lawfully when purportedly passing an extension resolution by the executive on 17 October 2023.”

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The move comes after Ripon-based taxi driver Richard Fieldman urged councillors to delay the decision on October 17 as legal advice he received suggested the decision should be made during a full meeting of all 90 councillors rather than by its 10-person executive.

However, in response, Cllr Greg White and the council’s chief legal officer Barry Khan both said they were satisfied the executive had the right to make the decision.

The executive then voted unanimously to confirm the abolition of the seven zones and to create the single county-wide zone.

 

Council removes anti-speeding scarecrows in Nidd for ‘safety reasons’

North Yorkshire Council has removed several scarecrows created as part of an anti-speeding campaign in a village between Harrogate and Knaresborough.

Residents in Nidd put up about 16 scarecrows near the B6165 and Town Street this month as part of a campaign to reduce the speed limit after two recent fatal accidents.

Several were designed to look like police officers and some contained messages.

But North Yorkshire Council removed the ones immediately alongside the highways last week. Several on private land remain.

A council spokesperson said:

“Our highways team contacted festival organisers on Thursday requesting that scarecrows near the road were removed ahead of Storm Babet.

“They were not able to get hold of the organisers so officers were sent to remove scarecrows close to the road due to safety reasons.

“The scarecrows are being kept safe at the highways depot for collection. The organisers and parish council were informed of this.”

Several scarecrows have high visability jackets.

A police officer scarecrow.

The activists’ creative scarecrow stunt has divided opinion in Nidd.

Some villagers embraced the move to raise awareness of the campaign to reduce the speed limit from 40mph to 30mph.

The B6165, which links Ripley and Knaresborough, has some sharp, narrow bends in Nidd, especially near Nidd Hall.

Villager and co-organiser Jayne Brown said the scarecrow festival served its purpose:

“It definitely had an big impact on reducing the speed and making the lives of the people in the village safer.”

Ms Brown added that less than 36 hours after the scarecrows were removed a car crashed into a wall.

But others thought the stunt was ill-advised.

The clerk of Nidd Parish Council, who asked not to be named, said although it sympathised with the cause it did not think the methods were appropriate.

The clerk reiterated her previous comment, which said:

“We are concerned that any distractions to drivers as they approach, what we all agree is a dangerous bend, is not sensible.”

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Proposals for Harrogate Town Council expected next year

New proposals to set-up a Harrogate Town Council are now expected next year, according to North Yorkshire Council.

Harrogate and Scarborough were expected to get their own town councils in May 2024 but the process was delayed after councillors on North Yorkshire Council, which is charged with setting up the local authorities, asked to redraw its ward boundaries.

Residents had previously backed the creation of two councillor wards arranged by the current 10 North Yorkshire Council divisions. Saltergate would have had just one councillor.

However, Conservative councillors on North Yorkshire Council said they didn’t want to proceed with this model and instead wanted to see single councillor wards based around the 19 former Harrogate Borough Council boundaries.

This means there will have to be a third public consultation so the public can have their say on the new wards.

The consultations are a legal necessity but it will take the combined cost of holding them to more than £140,000.

Barry Khan, North Yorkshire Council’s assistant chief executive legal and democratic services, said: 

“Officers are continuing to work on possible warding patterns for both Harrogate and Scarborough town councils and a report setting out options will be taken to the standards and governance committee next year.”

This month, the council revealed the winners and losers of the 12 ‘double-devolution’ bids from parishes that would like to take control of assets in their areas.

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Harrogate Town Council, if it’s created, could apply to run services in the town such as looking after its parks or the Stray, operating car parks or managing the Royal Hall.

The council has said that households would initially be asked to pay between £40 and £60 on top of their council tax to allow the town council to have an annual budget in the range of £1m to £1.6m.

If residents approve the proposals laid out in the next consultation, the council would likely form in April 2025 with elections taking place in May, although this has not been confirmed yet.

Electric vehicle charging points go live in Ripon

Six electric vehicle charging points are now in operation at the North Yorkshire Council controlled Cathedral Car Park in Ripon.

They add to a number of other locations across the city where drivers can re-charge their batteries. They include Blossomgate Car Park, Booth’s Supermarket at Marshall Way Retail Park, the Jack Laugher Leisure and Wellness Centre on Dallamires Lane, M & S Food at Rotary Way, Morrisons Supermarket on Harrogate Road and Phoenix Business Centre at Low Mill Road.

North Yorkshire Council’s executive agreed a new county-wide strategy for electric charging points this year.

The strategy showed there are almost 4,000 electric vehicles registered in North Yorkshire but just 225 publicly available charge points.

It is forecast that 3,161 charge points need to be installed and just under half of these need to be funded by the public sector at a cost of approximately £10.3 million. It is expected that at least half of the publicly funded chargers (724) will need to be ready by 2025 to meet demand.

The council has secured £3.2 million from the national Local Electric Vehicle Infrastructure (LEVI) pilot scheme to install 150 charging points across the county.

They are being installed alongside battery storage units, charged by solar panels.

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North Yorkshire Conservatives dismiss claims over residents’ questions ban

Conservative leaders on North Yorkshire Council have dismissed claims they are attempting to “stifle democracy” by banning residents who cannot attend their weekday daytime committee meetings from having their questions read out.

Cllr Carl Les, leader of the authority, said the move had been proposed by a cross-party group of councillors earlier this month and was designed to prevent council meetings becoming overwhelmed by questions, impeding debates and council business on the agendas.

Cllr Les was speaking after the authority’s executive pushed forward a series of changes to its constitution last week, including banning questions from residents unless they attended meetings, which are all held from Monday to Friday and during conventional working hours.

The cross-party group of councillors had considered whether the discretion of the meeting’s chair to allow questions to be read out in the questioner’s absence should be removed.

The group has proposed that unless there was an exceptional reason, such as a disability, any member of the public wishing to ask a question should attend the meeting or send a representative to do so.

Failure to do so would mean the question not being read at the meeting, however a written response from council officers would be provided.

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The group also felt that meeting chairs should be able to handle the 30-minute public question time at the start of meetings “in their absolute discretion”.

The proposals, to be put before a full meeting of the authority next month, follows criticism that reducing the number of councillors in the county from more than 319 to 90 in forming the unitary council had produced “a democratic deficit”.

The criticism follows the administration facing fierce opposition to setting a time limit on councillors’ questions to the council’s executive members at the quarterly full meetings of the authority, the only opportunity in which elected community representatives can raise issues before all their counterparts.

Liberal Democrat councillor Steve Mason said the proposals to be put before a full meeting of the authority next month were “deeply concerning”.

He said: 

“Over the past two years we have seen democracy and community engagement attacked and blocked again and again with local government reform.

“There is a growing mistrust of underhand tactics which undermine basic British democratic values. Opposition councillors have already been censored, now they are going after the public rights as well.”

Independent group leader on the authority, Cllr Stuart Parsons added: 

“This is yet another attempt to stifle democracy and limit legitimate scrutiny at North Yorkshire Council.

“It also show that the Conservatives have failed to understand that people have busy lives and are not always available at 10am. Perhaps if North Yorkshire Council held its’ meeting at times suitable for the public then more people would be able to attend.”

The administration, which after seeing its narrow overall majority slip away has merged with three Independent members to form a Conservatives and Independents ruling group, claimed setting a time limit was necessary to ensure the council’s business would not be impeded by endless questions.

Cllr Les said: 

“It is a bit disingenuous to say it is the executive driving this through. What we are doing is acting what the cross-party group has spent some time talking through and coming up with a majority, if not unanimous view.

“Certainly we are not against members of the public speaking at committees.”

When asked if he was concerned many members of the public could struggle to attend the weekday meetings, Cllr Les said the objectors had raised “a valid point”.

He added: 

“The counter point is you could then have a lot of written questions to any meeting and it might get difficult to manage.

“If you had 100 people writing in with a question the committee would only ever spend its time talking about the questions that have been put by absentee members of the public.”

Rose arch erected — but will Harrogate’s Crescent Gardens be renamed?

A rose arch has been erected in Harrogate’s Crescent Gardens — but a decision on whether to rename the area has yet to be finalised.

Harrogate Borough Council, which was abolished in April, announced plans to re-landscape Crescent Gardens in February, shortly after it hosted an ice rink and funfair last Christmas.

The activities are due to return for a longer period this year and for the following two years.

A report at the time by Kirsty Stewart, the council’s parks and ground maintenance manager, said “we would like to take the opportunity to upgrade the area to enable better accommodation of future events with less disruption to the planting in this area”.

The report also proposed changing the name of the area to The Queen Elizabeth Memorial Garden as part of the £21,000 makeover, stating:

“A large plaque in the central bed to be relocated is dedicated to Queen Elizabeth, the Queen Mother. The plaque has recently been removed as it required repair.

“Given the recent death of Queen Elizabeth II, the relocation of the Queen Elizabeth the Queen Mother plaque and the sale of the Crescent Gardens building, we are proposing the gardens area is renamed as the Queen Elizabeth Memorial Gardens and would welcome cabinet members view on this.”

Although Harrogate Borough Council approved the recommendation, the Stray Ferret asked the successor authority North Yorkshire Council if the new name will be adopted.

Jonathan Clubb, head of parks and grounds at council, said:

“In February, the former Harrogate Borough Council agreed to look into whether the area of Crescent Gardens can be renamed the Queen Elizabeth Memorial Garden.

“There is a process we have to follow to apply for the naming and we will continue to pursue this.”

The steel rose arch, which will nurture climbing roses, has been installed along with flower beds as part of the re-landscaping, which used £10,000 of the budget.

The works were part of the ongoing management of Harrogate’s parks and grounds to maintain a vibrant, attractive location for residents and visitors, Mr Chubb added.

However, the nearby pavilion remains sealed off by fencing after it was recently used by a group of homeless people.

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