Government approves James Street flats plan

The government has approved plans to redevelop a retail unit on Harrogate’s James Street to create three flats.

The application was made by Leeds-based company SJM Cotech Ltd and included plans to create a three storey extension for the flats to the back of the site and create two ground floor retail units.

The developer revised the plans after submitting them in May 2021, which initially outlined proposals for four flats.

The property is located at 16 James Street, near the cut-through to the Victoria shopping centre. It fronts both on James Street and on Market Place to the rear. It was previously home to Thomas Cook, the travel agent.

SJM Cotech Ltd took the proposal to the government’s Planning Inspectorate after Harrogate Borough Council refused the plan in February this year.

Council officials said the proposal would fail to enhance or preserve the character of the conservation area.

In a decision notice, the council said:

“The rear historic offshoot is considered a heritage asset. The proposal seeks to remove and replace this without suitable justification.

“The proposal therefore would fail to enhance or preserve the character and appearance of the host building and Harrogate Conservation Area.”

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It added that the proposal would also result in “poor levels of natural daylight to all apartments”.

However, TJ Burnham, a government planning inspector, said in a decision notice that “nothing within the evidence suggests that this would have any harmful effect on the living conditions of a future occupier”.

A decision notice from the inspector said:

“There would therefore be no significant harm to the living conditions of future occupiers of the flats with regard to the availability of daylight or ceiling height.”

It added:

“I have identified no conflict with the development plan and there are no material considerations to indicate that the appeal should be determined otherwise than in accordance with it. I therefore conclude that the appeal should be allowed.”

Government rejects plans to build 170 homes in Knaresborough

The government has rejected plans to build 170 homes in Knaresborough.

Landowner Geoffrey Holland’s application would have seen homes built on Water Lane in the town.

The decision is the latest refusal for the developer, who has twice sought permission to build on the site.

Harrogate Borough Council rejected the latest proposal in August 2021 after planning officers said the scheme had a number of “fundamental” issues.

However, the developer took the council to appeal over its decision and said there were no “significant impacts” that would be caused by the development.

‘Unsatisfactory scheme’

Kate Broadbank, the council’s planning officer, told a planning committee meeting in August 2021 that the scheme had a number of issues to resolve.

She said:

“One of the site allocation requirements is the provision of a circular recreation route – and this has been provided around the edge of the site.

“However, it is considered to be unsatisfactory, as it is a narrow path between the site boundary and side elevations of dwellings, meaning it is not very well overlooked and would not provide a safe, attractive route.

“The same situation occurred around the open space and children’s play area where houses backed onto this.

“The applicant has tried to overcome this by turning some houses around to face onto the path and play area, however, this has led to an issue with rear gardens now backing onto the streets.

“On the whole, the scheme is considered to lack character or a sense of place.”

Cunnane Town Planning, which lodged the appeal on behalf of Mr Holland, said there were “no significant or demonstrable adverse impacts that would arise as a consequence of the development”.

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However, Chris Baxter, planning inspector, dismissed the developer’s appeal on the grounds that the plan was outside the development boundary and would still have “significant harm” on surrounding areas.

Mr Baxter acknowledged that the scheme had “adequate affordable housing” and would not have an impact on highways safety, but added that it still had issues.

He said in a decision notice published this week:

“The proposal would not have a detrimental effect on highway safety and adequate affordable housing would be provided within the scheme. 

“However, these matters and the benefits described above would not outweigh the significant harm I have identified with regards to the effect on the surrounding area and future users.”

£1 billion plan to dual A66 takes a step closer to construction

A £1 billion plan to dual one of the busiest roads in northern England has taken a step closer.

National Highways, formerly Highways England, wants to dual the remaining parts of the A66 between the M6 at Penrith and A1 at Scotch Corner.

The road is used by thousands of drivers in the north of England each day to travel between the north east and Cumbria and on to Scotland.

Now, proposals have taken a step further after the government’s Planning Inspectorate approved a development consent order from National Highways.

Lee Hillyard, National Highways’ A66 Northern Trans-Pennine project director, said:

“We are pleased that our DCO submission has been successful and accepted by the Planning Inspectorate and this marks another significant milestone for this important project.”

Should the Secretary of State for Transport give the final go-ahead for the scheme, construction will start in 2024.

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Developer appeals James Street flats plan

A developer has appealed a decision to refuse a plan to redevelop a retail unit on Harrogate’s James Street to create three flats.

The application was made by Leeds-based company SJM Cotech Ltd and included plans to create a three storey extension for the flats to the back of the site and create two ground floor retail units.

The developer revised the plans after submitting them in May 2021, which initially outlined proposals for four flats.

It said in documents submitted to the council that the proposal would help to “deliver a high quality residential scheme” for the town.

However, Harrogate Borough Council refused the plans in February this year.

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The property is located at 16 James Street, near the cut-through to the Victoria shopping centre. It fronts both on James Street and on Market Place to the rear. It was previously home to Thomas Cook, the travel agent.

Council officials said the proposal would fail to enhance or preserve the character of the conservation area.

In a decision notice, the council said:

“The rear historic offshoot is considered a heritage asset. The proposal seeks to remove and replace this without suitable justification.

“The proposal therefore would fail to enhance or preserve the character and appearance of the host building and Harrogate Conservation Area.”

It added that the proposal would “result in poor levels of natural daylight to all apartments”.

SJM Cotech Ltd has since taken the refusal to the government’s Planning Inspectorate.

A planning inspector will decide on the proposal at a later date.

Final backing for 72 homes in Spofforth

A plan to build 72 homes in Spofforth has been given final backing by councillors.

Yorkshire Housing Ltd plans to build the housing development on land at Massey Fold in the village.

A government planning inspector approved the homes in October 2021 following an appeal by the developer against Harrogate Borough Council’s refusal.

The developer already had outline permission to build on the site, but councillors turned down an application for appearance and landscaping in November 2020.

A reserved matters application, which includes access to the site, was backed by the authority’s planning committee today.

Cllr Robert Windass, who sits on the committee, said councillors had no choice but to approve the plan.

He said:

“We rejected this at committee and we felt strongly that it would not go ahead.

“The Planning Inspectorate has had a different decision. They [the developer] have now got planning permission. Our hands are tied.”

Meanwhile, Cllr Pat Marsh said:

“In some respects our hands are tied.

“This went to appeal and it was given permission. This is sort of a final legal tie up.

“I am sorry to think that this is going to go ahead. It is something that this committee strongly opposed every time it came here. That is why it went to appeal.”

Inspector backs Spofforth homes

Siobhan Watson, a government planning inspector, gave the go-ahead for the proposal in October after she said she found the design and proposed housing “to be acceptable”.

She also awarded costs against the council after finding that the authority “behaved unreasonably” and that its reasons for refusal were “vague and illogical”.

The decision followed concerns from local residents over the design and that the housing would not be in keeping with the village.

At the time, more than 300 local people and organisations, including Natural England and Yorkshire Wildlife Trust, raised concerns about the scheme.

Shirley Fawcett, chairman of Spofforth with Stockeld Parish Council, wrote to Prime Minister Boris Johnson appealing for help in challenging the development.

Government rejects expansion of Follifoot business park

The government has rejected an appeal for a business park in Follifoot to expand onto green belt land.

Harrogate Borough Council initially rejected a bid to build two new buildings at Follifoot Ridge Business Park, which would have created space for five commercial units.

The development would have taken place on a small strip of land alongside existing units (pictured above), which were previously allowed because they were classed as farm conversions.

The site owners said the new units would help to meet demand from businesses for more space. Following the council’s refusal, Uffa Kirkby appealed to the government’s Planning Inspectorate.

But Robert Walker, the planning inspector who oversaw the appeal, said the harm to the green belt was not outweighed by the economic benefits of the scheme.

In his decision notice, Mr Walker said:

“Based on the evidence before me and for the reasons outlined above, I cannot be satisfied that the overall benefits clearly outweigh the substantial weight given to the harm to the green belt by reason of inappropriateness.

“I have come to this conclusion having regard to the importance that the government places on making efficient use of land and building a strong, competitive economy.”

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In June last year, the council’s planning committee said the proposal was “inappropriate” and harmful to the green belt.

However, ahead of the appeal, the developer argued that the scheme was not inappropriate and disagreed with the authority’s conclusion.

How the business park would look with the commercial units built on the green belt land.

How the business park would look with the commercial units built on the green belt land.

The business park’s planning agent, ID Planning, said in a statement of case:

“The appellant disagrees with the reason for refusal based on the development being inappropriate as the site is not brownfield land.

“The appellant considers that the site is brownfield land but notwithstanding this considers the development comprises limited infilling.”

It added that the scheme had economic benefits and would not have an “impact on the openness of the green belt”.

“The development provides clear economic benefits set out in full in the planning statement and supported and acknowledged by the local planning authority which further support the appellants case for planning permission to be granted.”

Harrogate council to pay Leon developer £25,000 in appeal costs

Harrogate Borough Council has agreed to pay developers behind a planned Leon drive-thru on Wetherby Road £25,000 for appeal costs.

The authority had been in discussions with Blackburn-based Euro Garages after it took the council to appeal over its decision to refuse the proposal.

In July 2021, a government planning inspector granted permission for the new drive-thru, which was initially proposed to be a Starbucks.

Helen Hockenhull, the inspector who approved the plan, awarded costs against the council after it “demonstrated unreasonable behaviour”.

A spokesperson for the council confirmed that it had agreed to pay Euro Garages £25,000 as part of the appeal cost.

The spokesman said:

“Officer recommendations are always taken with a balanced approach and are based on careful consideration of a wide range of issues, including local and national planning policy, case law, consultation responses and anything else considered to be ‘material’ to the decision, including the comments of local residents.

“In this case, the officer recommendation of approval was overturned by the planning committee and permission was refused, which has led to an appeal by the applicant.

“The council lost at appeal as it was unable to substantiate the committee’s grounds for refusal. The planning committee was therefore found to have acted unreasonably in taking this decision and the council is required to pay costs to the sum of £25,000.”

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The council turned down the development back in 2019 on air quality and highways grounds, but later withdrew its objection and did not defend itself at the appeal hearing.

Speaking in May 2021, John Worthington, the council’s executive officer for development management, said officers could not stand successfully at appeal because their previous recommendation would “undermine” their case and that losing also risked legal costs of over £50,000.

The move forced residents fighting the proposal to defend the authority’s reasons for refusal themselves at the hearing.

Ms Hockenhull said she understood concerns from residents, but added that she was not convinced that the development would cause “significant harm”.

In a decision notice last year, she said:

“I recognise that my findings will be disappointing to the local residents and ward councillor who gave evidence at the hearing.

“However, based on the technical evidence before me and all that I have seen and heard, with the proposed mitigation measures secured by planning conditions, I am not persuaded that the development would cause significant harm.”

Flaxby parish council calls for government to reject eco-homes

Parish councillors in Flaxby have called on the government to refuse a proposal for a nine-home eco-development in the village.

Holmes Planning Ltd has appealed a decision by Harrogate Borough Council to refuse the development off York Road.

It would have seen houses built to environmental standards and include solar panels, air-source heat pumps and super-tight insulation. The houses were planned to be custom built.

Following refusal by the authority, the developer took the decision to the government’s Planning Inspectorate.

However, in a letter to the government, Goldsborough and Flaxby Parish Council said the previous reasons for refusal still stand.

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It added that a lack of custom build homes in the district was “simply not enough of a justification to permit the building of nine individual self-build houses on the land in question”.

The letter said:

“We are parish councillors, ordinary people with neither the skills nor the knowledge to quote such housing policies inside out, simply representing the residents of Flaxby, whose homes and lives would be detrimentally affected should this planning appeal be approved.”

But, in documents submitted for the challenge, the developer argued that there were not enough custom build developments in the district.

It said:

“The appellant submits that the custom self-build deficit is so severe, and likely to get worse, that this material consideration outweighs any departure from the Harrogate District Local Plan and that the appeal site is suitable for custom self-build and the appeal, if allowed, would be secured for custom self-build through the Unilateral Undertaking.”

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

Government rejects plan for new townhouses in Ripon

The government has rejected plans to build new townhouses and apartments in Ripon city centre.

Spinksburn Ltd had tabled a plan in November 2019 to build four apartments and four townhouses on land off North Street in the city.

The site, which used to be retail units, was demolished to make way for Marshall Way and has remained undeveloped since.

The work include the partial removal of buttress on a Grade-II listed building to join the two buildings.

However, the developer lodged an appeal in August 2021 to the government’s Planning Inspectorate after Harrogate Borough Council had failed to make a decision on the proposal two years later.

In a letter written by the developer’s lawyer said:

“Our client has therefore instructed us to submit the appeals for non-determination because the council does not appear to have the resources to be able to determine the applications and there appears to be no end in sight.

“My client is extremely concerned that determination of the applications is being allowed to drift and there are no means by which to secure the determination of the applications besides the appeal process if the council does not have the necessary resources.”

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However, Fiona Cullen, the planning inspector who oversaw the appeal, has decided to reject the proposal.

In a decision notice, Ms Cullen said she was “unable not conclude” that the proposal “would preserve the special interest of the listed building”.

She said:

“I am mindful of the key role played by the delivery of housing in achieving sustainable development and recognise the Government’s objectives to boost the housing supply and grow the economy. I also note the framework’s support for housing and the efficient use of land.

“However, the framework is clear in stating that heritage assets are an irreplaceable resource, and should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations.”

Ms Cullen added:

“Whilst there are considerations that weigh in favour of the proposal, in my judgement, they are not sufficient to outweigh the harm I have found.”

Developer appeals Knaresborough 170-homes refusal

A developer has appealed a council decision to reject plans for 170 homes in Knaresborough after seeing the proposal twice refused.

Landowner Geoffrey Holland’s application would have seen homes built on Water Lane in the town.

However, Harrogate Borough Council rejected the latest proposal after planning officers said the scheme had a number of “fundamental” issues.

Proposals for 218 homes near Meadowside Academy were first rejected by the borough council’s planning committee in October 2019.

Mr Holland then scaled back house numbers for the scheme to 170 in his second push for approval, but saw this turned down in August last year.

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

‘No demonstrable adverse impacts’

In a statement of case, Cunnane Town Planning, which has lodged the appeal on behalf of Mr Holland, said there were “no significant or demonstrable adverse impacts that would arise as a consequence of the development”.

However, Kate Broadbank, the council’s planning officer, told the meeting in August 2021 that the scheme had a number of issues to resolve.

She said:

“One of the site allocation requirements is the provision of a circular recreation route – and this has been provided around the edge of the site.

“However, it is considered to be unsatisfactory, as it is a narrow path between the site boundary and side elevations of dwellings, meaning it is not very well overlooked and would not provide a safe, attractive route.

“The same situation occurred around the open space and children’s play area where houses backed onto this.

“The applicant has tried to overcome this by turning some houses around to face onto the path and play area, however, this has led to an issue with rear gardens now backing onto the streets.

“On the whole, the scheme is considered to lack character or a sense of place.”

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The site is allocated for more than 148 homes in the Harrogate District Local Plan 2014-2035, which outlines development in the district until 2035. This means development will happen once councillors are satisfied with detailed plans.

The latest proposals included a mix of one and two-bedroom apartments, as well as two, three and four-bedroom houses.

A total of 81 of these properties would have been classed as affordable.

More than 80 residents had lodged objections against the plans, which did not receive a single letter of support.