Council paid out ‘significant sums of money’ after losing planning appealsHarrogate council ‘at constant threat from developers’, say councillors

Harrogate councillors have raised concerns that the authority is at “constant threat from developers” when making planning decisions.

Liberal Democrat councillor Pat Marsh, a member of Harrogate Borough Council’s planning committee, said councillors were “constantly” being told that decisions they make could lead to the council being challenged at appeal.

This year, the council has seen refusals over a Starbucks on Wetherby Road and 72 homes in Spofforth challenged and overturned by the government. It has also had costs awarded against it for “unreasonable behaviour” after those appeals.

At a meeting on Tuesday, Cllr Marsh raised concern that the committee had become a “tick box exercise” and that the authority was at the mercy of developers.

She said:

“We are under constant threat from developers, we can only go with them in case we get hauled over the coals.

“I find that very, very difficult as a member of this committee. To be reminded ‘you made this decision, this is what happened’. Why have a council planning committee? It’s just a tick box exercise and I don’t want to be that.”

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Conservative Cllr Sue Lumby agreed with Cllr Marsh. She said:

“Why on earth are we sitting here if we just agree everything the officers recommend?”

Councillors were debating plans for 36 homes in Goldsborough when they raised concerns.

However council officers said councillors “hands were not tied”, but added that they must “act on the evidence” when deciding to go against officer recommendations.

“If members for whatever reason, having seen the site or know the site, disagree with the conclusion of the officer’s report then they need good evidence to justify coming to a different conclusion.”

Lost planning appeals

This year, the council failed to defend a decision to refuse a controversial plan for a Starbucks on Wetherby Road because officers said it could lead to legal costs of £50,000.

The council turned down the development back in 2019 on air quality and highways grounds, but later withdrew its objection.

The proposal, which was submitted by Euro Garages, was later approved by the government and full costs for the appeal were awarded against the council.

Meanwhile, last week a controversial plan for 72 homes in Spofforth was granted permission by the government despite Harrogate Borough Council refusing the scheme.

Siobhan Watson, a government planning inspector, awarded costs against the authority after finding its reasons for refusal to be “vague and illogical”.

In September, the Local Democracy Reporting Service reported that planning appeals lost by the borough council had cost taxpayers almost a quarter of a million pounds in legal fees since 2012.