Planning Inspectorate Archives - Page 3 of 5

Government rejects Sharow pub housing plan

A government planning inspector has rejected a plan to convert the Half Moon Inn at Sharow into a house.

The pub on Sharow Lane opened in 1822 but closed in 2016.

Mark Fitton, owner of the pub, lodged a plan to convert the former pub into a house in March last year.

However, Harrogate Borough Council refused the proposal on the grounds that “insufficient evidence” had been submitted to demonstrate that no community use existed for the property.

Mr Fitton took the decision to the government’s Planning Inspectorate, the body that deals with planning disputes.

However, Susan Hunt, a government planning inspector, turned down the plan on the grounds that there was a “reasonable prospect” of the facility continuing on a viable basis.

Ms Hunt said in a decision notice that while a plan by residents group, Half Moon Pup Group’s, to save the facility was in its infancy, it represented a “reasonable prospect” of making the pub viable.

She said:

“Overall whilst the HMPG’s business plan is in its infancy, from what I have seen and heard regarding their intentions I am satisfied that there is a reasonable prospect of the continuation of the existing public house use.”

Mr Fitton had challenged the council’s decision on the grounds that there was evidence to demonstrate that “no community use exists for this property”.

The decision comes as Harrogate Borough Council upheld a decision to allocate the Half Moon Inn as an asset of community value in February this year.

The council awarded the pub asset of community value status in November 2022 following a campaign by local residents and the parish council to keep the venue open.

Developer appeals Harrogate aparthotel plan refusal

A developer has challenged a decision to refuse plans to convert the upper floors of a Harrogate town centre building into an aparthotel.

Leeds-based Countrylarge tabled the proposal to create the 17-bedroom scheme on the floors above the Oliver Bonas store on James Street.

Aparthotels are serviced apartments with a hotel-style booking system. London-based operator, Beyond, was brought in to run to the aparthotel, if the plans were approved.

However, in November 2022, Harrogate Borough Council rejected the plan on the grounds that the scheme would “not enhance or preserve the character and appearance of the conservation area”.

The developer has since taken the decision to the government’s Planning Inspectorate, which deals with planning disputes.

In documents submitted to the body, the developer said the plan would not cause any harm to the existing buildings.

It said:

“The proposed additions respect the scale of the existing buildings on the site and the character of the other buildings in this part of the conservation area.

“It is therefore considered that the proposal will not cause any harm to the character and appearance of the existing buildings or the conservation area but will be an appropriate contemporary addition which will result in some enhancement to the character and appearance of the designated area.”

A government planning inspector will make a decision on the plan at a later date.

Government rejects 13-home plan on former Ripon timber yard

The government has rejected a plan to build 13 homes on a former Ripon timber yard.

Red Tree Developments wanted to demolish buildings at the site of the former NY Timber yard to build the homes. The site on Trinity Lane was home to a timber yard from 1860 to 2018.

However, Harrogate Borough Council rejected the plan in December 2020 on the grounds that the scheme would cause “unacceptable harm” to the Ripon Conservation Area.

The developer took the authority to appeal. However, the government’s Planning Inspectorate has now dismissed the challenge.

Zoe Raygen, planning inspector, rejected the proposal on the grounds that the scheme did not have sufficient ground investigations and the impact on nearby heritage assets.

She said:

“The loss of the undesignated heritage asset would be harmful and would cause harm to heritage assets, but this harm would be outweighed by the benefits of the proposal.

“The proposal is in conflict with Policy NE9 of the Local Plan, and given the implications for stability and safety of future occupiers, this brings it into conflict with the development plan as a whole.

“The material considerations I describe above are not sufficient to outweigh that conflict in this instance.”

Jay Everett, a planning consultant who submitted the appeal on behalf of Red Tree, said the loss of the timber yard building would offer “no contribution to the setting”.

Red Tree bought the 0.64-acre plot, which is adjacent to the listed buildings, Holy Trinity Church of England Junior School and St Wilfrid’s Catholic Church, from Cairngorm Capital for an undisclosed sum in 2020.

In its original planning application, the developer said the timber yard, which is not listed, must be replaced due to its “poor state of repair”.

Meanwhile, Red Tree lodged a separate application for the site in February.

The new proposal seeks consent for the change of use and conversion of the former warehouse space to form 12 houses.

Government rejects yurts plan for Kirkby Malzeard

The government has refused plans to build three yurts in Kirkby Malzeard.

The proposal would have seen the yurts created on Back Lane North, to the west of Pipistrelle Barn, in a field previously used for grazing sheep.

The application was submitted by Frederick Atkinson to create the yurts, each on raised decking and with its own hot tub along with a ‘services area’ of toilet, sink and shower in a wooden hut.

Harrogate Borough Council turned down the proposal in September.

The authority said the plan would have “an adverse impact upon the character and appearance of the Nidderdale Area of Oustanding Natural Beauty”.

Mr Atkinson argued that the plan would help to create a “peaceful, low impact and eco-friendly retreat” and took the decision to the Planning Inspectorate.

But Adrian Caines, a government planning inspector, rejected the challenge.

He said the plan would give rise to “significant conflict” with the council’s development plan, in particular the area of outstanding natural beauty.

Mr Caines said:

“The proposal would give rise to significant conflict with the contents of the development plan relating to the landscape and scenic beauty of the AONB, and in relation to the living conditions of neighbouring residents.”

Government rejects bid to convert Kirkby Malzeard pub into house

The government has rejected plans to convert a Kirkby Malzeard pub into a home.

David Fielder, who owns the former Henry Jenkins pub, challenged a Harrogate Borough Council decision to refuse the plan back in May last year.

The authority said “insufficient marketing” had been carried out to demonstrate that “in the absence of any use as a public house there is no alternative community use for which the property may be suitable”.

Mr Fielder challenged the decision and appealed to the government’s Planning Inspectorate.

However, a government planning inspector has dismissed the appeal and ruled in favour of the council.

David Wyborn, who oversaw the appeal, said in a decision notice that he felt all options for the pub had not been “fully explored”.

He said:

“Overall, while there are some concerns with the details for the community pub project which I have highlighted above, I consider that the plans of the Henry Jenkins Community Pub to open a community pub have a reasonable prospect of succeeding and being viable.

“There can be no certainty on this matter at this stage and I understand the objections and criticisms from the appellant who has wide experience on these matters. Nevertheless, in particular, in the absence of an independent valuation to assist with an offer and potential purchase, and with the information, analysis and comments I have examined above, I do not consider that the policy requirements in criterion C of Policy HP8 of the Local Plan have been met.

“Specifically, it has not been clearly demonstrated that there is no reasonable prospect of the existing public house use continuing on a viable basis and all options for continuing that use have not been fully explored.”

The move is the latest turn in the ongoing saga over the pub and efforts from local campaigners to bring it back into community use.

The Henry Jenkins, which is named after a man that legend states lived to be 169-years-old, is one of the oldest inns in the Harrogate district. It closed in 2011.

Richard Sadler, chair of the Henry Jenkins Community Pub group, said:

“We’re pleased that the inspector has taken the right decision and recognised that we are a genuine and credible community group- and that we should be given the chance to breathe new life into this much-loved local asset.

“We believe a revived Henry Jenkins could boost to our local economy, attract more visitors and transform the whole feel and atmosphere of the village.

“Harrogate council rightly has policies to protect facilities in rural areas and with our village expanding fast, the need for a wider range of services is greater than ever.”

Developer appeals decision to refuse 13 homes plan on Ripon timber yard

A developer has appealed a council decision to refuse plans for 13 homes on a former Ripon timber yard.

Red Tree Developments wanted to demolish buildings at the site of the former NY Timber yard to build the homes.

The site on Trinity Lane was home to a timber yard from 1860 to 2018.

However, Harrogate Borough Council rejected the plan in December 2020 on the grounds that the scheme would cause “unacceptable harm” to the Ripon Conservation Area.

Now, the developer has taken the decision to the government’s Planning Inspectorate.

Jay Everett, a planning consultant who submitted the appeal on behalf of Red Tree, said the loss of the timber yard building would offer “no contribution to the setting”.

He said:

“My conclusion, derived from the evidence provided, is that the loss of the existing building would cause ‘less than substantial harm’ to the conservation area and that, regarding listed buildings in the vicinity, the existing building makes no contribution to their setting and moreover that the proposed development would visually benefit the setting of Holy Trinity School.”

In its original planning application, the developer said the timber yard, which is not listed, must be replaced due to its “poor state of repair”.

A government planning inspector will make a decision on the appeal at a later date.

Flaxby Park withdraws appeal over 350 eco lodges refusal

The owners of Flaxby Park Golf Club have withdrawn an appeal over a decision to refuse plans for 350 eco lodges and a hotel on the site.

In March, Harrogate Borough Council rejected the proposal on the grounds that it would cause an “unacceptable” impact on the environment. The site is close to junction 47 on the A1(M).

Last month, Flaxby Park Ltd took the decision to the government’s Planning Inspectorate – which deals with planning disputes.

In documents submitted to the inspectorate, planning consultants Lichfields, which lodged the appeal on behalf of the developer, said the reasons for refusal were “unfounded”.

It said:

“The appellant will show that the council’s reasons for refusal are unfounded and that there are no technical issues arising from the proposed development, which cannot be addressed by appropriately worded conditions or Section 106 planning obligations.

“The appellant will therefore submit that planning permission should be granted for the development proposed by the appeal without delay.”

However, Flaxby Park Ltd has now withdrawn the appeal. A public inquiry into the case scheduled for January 31, 2023, has been cancelled.

An aerial computer generated image of the proposal. The A1(M) is to the east and the A59 is to the south.

The Stray Ferret approached both Flaxby Park Ltd and its agent Lichfields to ask why the company made the decision and if it still intends to propose a new scheme for the site.

But we did not receive a response by the time of publication.

The move raises questions over the future of the former Flaxby Golf Course site, which has been closed since 2014.

History of the site

In 2008 The Skelwith Group bought the site from farming family the Armstrongs for £7m. It published plans for a 300-bedroom five-star hotel on the site that it touted as the future “jewel in Yorkshire’s tourism crown”.

But the plans never materialised and in 2016 the company went out of business.

Flaxby Park Ltd, a company made up of businesswoman Ann Gloag and regeneration specialists Chris Musgrave and Trevor Cartner, bought the 260-acre golf course site from administrators in 2016.

Its original proposal for the site was to build 2,750 homes and a rail link at Goldsborough. But these plans ended after the council chose the Cattal and Green Hammerton area as the site for a new settlement in the district instead.

In October 2020, the developer challenged the council’s decision in the High Court but was unable to overturn it.

Pannal man takes council to appeal for refusing to let him prune trees

A Pannal man has taken Harrogate Borough Council to appeal for refusing to let him prune willow trees which he believes hang precariously over his house.

Professor Alejandro Frangi, who is an internationally renowned expert on computational medicine, lives by Crimple Beck with his wife and eight children.

He believes the trees next to his house could fall in strong winds and threaten the safety of his young family.

But the council refused him permission to reduce the willows in 2020 and Mr Frangi has now taken the authority to the government’s Planning Inspectorate.

He told a hearing this morning he decided to appeal after the council made the trees subject to a tree preservation order (TPO) following his proposal.

Mr Frangi had previously accused the council of acting “unreasonably” over the matter and made a formal complaint, which the council rejected.

No suggestion of felling

Mr Frangi said he was “not suggesting felling” the trees and that he would rather they were reduced in size.

He told today’s hearing:

“The crown reduction is the least of evils”.

But the council said it took requests for reduction in trees under TPO on a “case by case basis”.

Professor Frangi believes the trees are unsafe for his young family.

Joshua Arthur, speaking on behalf of the authority, said that works to the trees was also “considered unjustified”.

He added that the work would be a “detriment to the conservation area” if felled.

Alan Gilleard, the council’s arboriculture manager, added that work to reduce the size was not a common practice for TPO trees.

He said:

“This is not something we routinely support without strong justification.”

Mr Frangi also argues that the trees are unsafe for his family as they can fall over in strong weather conditions.

He told the Stray Ferret previously:

“These trees risk falling on to my side of the river, straight on my property, posing a risk to my family and property. The council has been acting unreasonably, dismissing the risks and putting TPOs on the trees instead of protecting us.”

William Cooper, a government planning inspector who oversaw this morning’s hearing, will make a site visit to the trees before making a final decision at a later date.

Developer appeals council refusal for three yurts in Kirkby Malzeard

Developers have lodged an appeal against a decision to reject plans for three yurts in Kirkby Malzeard.

The proposal would have seen the yurts created on Back Lane North, to the west of Pipistrelle Barn, in a field previously used for grazing sheep.

The application was submitted by Frederick Atkinson to create the yurts, each on raised decking and with its own hot tub along with a ‘services area’ of toilet, sink and shower in a wooden hut.

Harrogate Borough Council turned down the proposal in September.

The authority said the plan would have “an adverse impact upon the character and appearance of the Nidderdale Area of Oustanding Natural Beauty”.

However, the developer has lodged an appeal against the decision to the government’s Planning Inspectorate.

In documents submitted to the council, the developer said:

“The subject proposals would see the creation of a small family-run business named ‘Yurts @ Pipistrelle Barn’.

“It is envisaged that the site will provide a peaceful, low impact and eco-friendly retreat, nestled on the edge of a well serviced Yorkshire village, providing the perfect base for future guests to enjoy the best of North Yorkshire.”

A government planning inspector will make a decision on the plan at a later date.

Flaxby Park appeals decision to refuse 350 ‘eco lodges’ near A1

The owners of the former Flaxby Park Golf Club have appealed a decision by Harrogate Borough Council to refuse its plans for 350 ‘eco lodges’ and a hotel on the site.

The borough council turned down the proposal in March on the grounds that it would cause an “unacceptable” impact on the environment. The site is close to junction 47 on the A1(M).

Now, Flaxby Park Ltd has taken the decision to the government’s Planning Inspectorate – the body which deals with planning disputes.

In documents submitted to the inspectorate, planning consultants Lichfields, which has lodged the appeal on behalf of the developer, said the reasons for refusal were “unfounded”.

It said:

“The appellant will show that the council’s reasons for refusal are unfounded and that there are no technical issues arising from the proposed development, which cannot be addressed by appropriately worded conditions or Section 106 planning obligations.

“The appellant will therefore submit that planning permission should be granted for the development proposed by the appeal without delay.”

The proposal includes plans for 350 holiday lodges along with a hotel, outdoor swimming pool, spa and sports area as well as a pub/cafe, farm shop, gift shop and activity hub.

The scheme would be built on the former Flaxby golf course, which has been closed since 2014, off the A59 York Road.

In March, council planning officer Kate Broadbank said the development would have a negative impact on the district’s natural environment as well as harming views from the nearby Temple of Victory, which is Grade II* listed.

Ms Broadbank wrote:

“The scale and layout are considered to have an unacceptable adverse impact upon the district’s natural and historic environment.

“In addition, the application site is not considered to be accessible to local services nor is it demonstrated that an acceptable connection to public utilities can be achieved.”

An aerial computer generated image of the proposal. The A1 (M) is to the east and the A59 is to the south.

A government planning inspector will make a decision on the appeal at a later date.

History of the site

But the plans never materialised and in 2016 the company went out of business.

Flaxby Park Ltd, a company made up of businesswoman Ann Gloag and regeneration specialists Chris Musgrave and Trevor Cartner, bought the 260-acre golf course site from administrators in 2016.

In October 2020, the developer challenged the council’s decision in the High Court but was unable to overturn it.

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History of the site

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No suggestion of felling

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History of the site