Wetherby Road Starbucks developer to seek legal costs if plan approved

A developer behind a planned Starbucks drive-thru on Wetherby Road has said it will seek full legal costs if the proposal is approved by a planning inspector.

Alan Evans, counsel for Euro Garages, told an inquiry earlier this week that the company would seek costs from Harrogate Borough Council for “unreasonable behaviour”.

Residents fighting the controversial proposal, which is planned for the former 1st Dental surgery site, appeared before the hearing to defend the refusal after the borough council withdrew its objection.

Alan Evans, a legal representative for Euro Garages, told the appeal that the planning committee’s latest decision of refusal should be overturned.

He said: 

“Members of the committee were themselves unwilling to defend their reasons for refusal so if you wanted to have a bird’s-eye view of unreasonableness, then I don’t think you could have a better one.

“No evidence has been brought forward, there never was any evidence and our application was based soundly at the outset.

“If the council can’t defend any reasons for refusal, then the obvious opposite side of the coin is that it should have been granted permission.”

Residents living next to the potential site of the drive-thru told the inquiry into the plans that it would “completely destroy” their enjoyment of their homes.

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Speaking at the hearing on Tuesday, resident Joanne Richardson, who lives behind the proposed site, said: 

“If this proposal is accepted then the impact on residents will be huge – it is seven days a week, unsociable hours and our amenity will be completely destroyed.”

Helen Hockenhull, a government planning inspector, opened the hearing into the proposed Starbucks drive-thru on Wetherby Road on Tuesday

Mrs Richardson also said revisions to the plans – including a re-jigged car park, reduction in the size of the coffee shop and an acoustic fence – did not go far enough to address local concern.

She said:

“What this current proposal does is move the drive-thru lane to literally metres from the windows of living areas directly adjacent to the site.

“It is absurd to think that a two-metre boarded fence and a planted area of a few metres will mitigate the impact on residents surrounding the site.”

Another resident, Mark Hinchliffe, told the appeal that the nearby Woodlands junction was “probably the busiest” in Harrogate as he also warned the town was already at “breaking point” with traffic congestion.

He said: 

“Regardless of Starbucks arriving, there is already a major problem with that road – I can only describe it as the North Circular around London.”

The plans were first refused by Harrogate Borough Council’s planning committee in 2017 before the applicant lodged an unsuccessful appeal, then submitted a revised application two years later.

These latest proposals were still rejected in 2019 but the council, nor its planning committee, chose not to contest the appeal because it had previously made a recommendation in support of the plans. 

The council also said it was unable to find lawyers willing to fight the appeal on its behalf.

Helen Hockenhull, the planning inspector in charge of the appeal, will make a decision on the plan at a later date.

Harrogate congestion at ‘breaking point’ even without Starbucks, say residents

Congestion in Harrogate is already at “breaking point” even without a drive-thru Starbucks, a planning appeal hearing was told today.

Residents fighting a proposed Starbucks drive-thru on Wetherby Road told a government planning inspector that the road already had traffic problems without the development.

The hearing, which was held online, was opened by planning inspector Helen Hockenhull this morning.

Representatives from Euro Garages, which has proposed the development on the former 1st Dental surgery site, also appeared at the hearing

Harrogate Borough Council withdrew its objection to the proposal after council officers said the authority’s previous recommendation would “undermine” their case.

It means that residents on Wetherby Road have been left to defend the council’s refusal of the development at the hearing.

Congestion is at ‘breaking point’

Mark Hinchliffe, who has lived in Harrogate for 20 years, told the appeal hearing that the road was already dangerous without the development.

He added that the junction was the busiest in the town.

Mr Hinchliffe said:

“That junction is the busiest road into town, it is also the the busiest road out.

“You have the traffic from the conference centre, the showground and the petrol station.”

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Mr Hinchliffe described the traffic on the road as a “major issue” and at “breaking point” even without a new drive-thru coffee shop.

“Regardless of Starbucks arriving, it is already a major issue. It has got worse over the last 10 years. It’s at breaking point.”

Meanwhile, Joe Shields, who also lives on Wetherby Road, pointed out that the road has a number of different vehicles using it every day, including commercial lorries.

He added that cars also “hurtle” along the road when merging into one lane after the Woodlands junction.

The proposed layout of the Starbucks site on Wetherby Road as submitted to Harrogate Borough Council. Picture: Euro Garages.

The proposed layout of the Starbucks site on Wetherby Road as submitted to Harrogate Borough Council. Picture: Euro Garages.

Residents also raised concern over the proposed right turn into the site, which they said would also be a safety issue.

Meanwhile, Gavin Snowball, speaking on transport issues on behalf of Euro Garages, said any queuing caused by the development would be “negligible”.

When asked about the number of cars trying to merge after the Woodlands junction, Mr Snowball said the merge complied with highways standards.

He said:

“There is nothing in the data that would show that there is a pre-existing issue [with the merge].”

Mr Snowball added that the developer would improve access to the site as much as possible and make sure that the entrance to the site was away from the traffic lights.

He said:

“Throughout this process it remains consistent, we would seek to improve access to the site as much as possible by relocating the access away from the traffic control system.”

Ms Hockenhull said she intends to visit the site before making a decision, which will be made at a later date.

Residents prepare for Wetherby Road Starbucks battle today

After three rejections in four years, residents on Wetherby Road are set to face another appeal over a controversial proposed Starbucks drive-thru.

The plan for the coffee shop by Euro Garages on the former 1st Dental surgery site is set to go before another appeal this morning.

The online hearing before a government planning inspector will be the latest battle for residents against the plans.

It comes as Harrogate Borough Council withdrew its objection to the proposal. Council officers said the authority’s previous recommendation would “undermine” their case.

Four year battle over drive-thru

After the plans were first refused by the council in 2017, a key moment came a year later when a first appeal was dismissed by an inspector on the grounds that the site would cause “unacceptable” harm to nearby residents.

Euro Garages then submitted a revised scheme after what they said was “very careful consideration” of the inspector’s ruling, with a reduction in the size of the proposed building and relocated parking.

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The latest rejection came in 2019 when councillors refused the proposal again. Councillors rejected the proposal on grounds of air quality and traffic flow concerns along Wetherby Road.

However, Euro Garages decided to take the decision to appeal for a second time.

Despite the council dropping its objection, the appeal will still go ahead and allow residents to voice their concerns over the development.

‘We’ll fight our corner’

Ahead of this morning’s hearing, residents have said they are prepared to “fight their corner” over the proposal.

Joanne Richardson, who lives on Coachman’s Court next to the site, said there were good reasons to turn down the application.

She said:

“We’re prepared to fight our corner. It is just so wrong that this could be allowed to go ahead. 

“[There are] So many very good reasons why it shouldn’t.”

Liberal Democrat Cllr Pat Marsh, who represents the area on the borough council, is to lead the residents into the planning appeal hearing.

She told the Stray Ferret previously that she was confident that the group had enough reasons to turn down the plan.

Cllr Marsh said:

“I think there are very sound planning reasons to turn it down and I’m confident we have come up with enough of them.

“Residents are not against the development of the site. But this is too much.”

Euro Garages, which also operates drive-thru facilities for KFC and Greggs, did not wish to comment ahead of the hearing.

However, in its statement of case submitted to the inspector, it said there were “no justifiable planning basis for refusal”.

Harrogate residents prepare to fight Starbucks second appeal

Harrogate residents fighting plans for a Starbucks drive-thru are getting ready to do battle next week when a second appeal into the rejected proposals gets underway.

A government planning inspector will on Tuesday open a hearing into the controversial plans for the former 1st Dental surgery on Wetherby Road.

The plans have already been refused three times over concerns about highway safety, air quality and the impact of nearby residents.

Retail firm Euro Garages is behind the scheme and will feel it now has its best chance yet of winning approval after Harrogate Borough Council last month withdrew an objection and chose not to contest the appeal, instead leaving it in the hands of residents.

Headed up by ward councillor Pat Marsh, locals are now preparing to take their fight to the June 15 hearing, which is expected to return a decision before the end of the month.

Cllr Marsh said:

“We are so committed to making sure the right decision is made by the inspector. This is a site that has been refused all the way down the line, including a decision from a previous inspector, so our case must have some validity.

“What we are talking about is a business which would only attract more cars to an already busy area. The name drive-thru is a good clue and it will mean cars upon cars upon cars.

“The developers will have all kinds of legal people to try to knock us down. We are not legal people, we are just normal residents who appreciate where they live and want to stop this inappropriate development in an inappropriate area.

“Residents have made a really strong case to fight this appeal and I will be there right behind them.”

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After the plans were first refused by the council in 2017, a key moment came a year later when a first appeal was dismissed by an inspector on the grounds that the site would cause “unacceptable” harm to nearby residents.

Euro Garages then submitted a revised scheme after what they said was “very careful consideration” of the inspector’s ruling, with a reduction in the size of the proposed building and relocated parking.

These latest plans were still rejected by the council in 2019, and are what will be up for debate at next week’s appeal.

‘Angry and upset’

The reason for the council not wanting to contest is because it previously made a recommendation in support of the plans, which it believes would have hindered an argument against.

It also said it was unable to find lawyers willing to fight the appeal for them.

Cllr Pat Marsh, who is also leader of the opposition Liberal Democrat party, said she was “angered” by this decision but vowed to fight on.

She said: 

“I still feel angry and upset because when we previously voted for refusal, and even though it was contrary to officer recommendation, we had sound planning reasons.

“At the time, a legal officer for the council never stood up to question this. Clearly what we had done was seen to be acceptable and we thought the council were on our side.”

A council spokesman previously said not contesting the appeal “hasn’t been an easy decision to make” but was “the best way forward in this instance.”

They said: 

“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.

“Following this recommendation, along with feedback from relevant consultees and comments made by an independent inspector – who considered a previous appeal at the site for a similar proposal – we believe the most sensible and cost-effective approach would be to not defend the appeal.”

Harrogate councillor ‘confident’ ahead of Wetherby Road Starbucks appeal

A Harrogate councillor has said she is confident in defending a decision to refuse plans for a controversial Starbucks drive-thru on Wetherby Road.

Cllr Pat Marsh, a Liberal Democrat who represents the area, is set fight the proposals with local residents at an appeal hearing next week.

It comes as Harrogate Borough Council rejected plans for the former 1st Dental surgery site three times.

But the authority has dropped its objection to the latest plans by Euro Garages for the site.

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It has left local residents to fight the proposals themselves before a planning inspector at an online appeal hearing on June 15.

Cllr Marsh, who will lead the residents’ defence next week, said she felt there were enough reasons to turn the application down.

She said:

“I think there are very sound planning reasons to turn it down and I’m confident we have come up with enough of them.

“Residents are not against the development of the site. But this is too much.”

Cllr Marsh previously described the proposal as another example of “big companies pushing for planning applications” to be put through.

Euro Garages, which also operates drive-thru facilities for KFC and Greggs, did not wish to comment ahead of the hearing.

‘It would change our lives’

Residents who live next to the 1st Dental site told the Stray Ferret previously that the Starbucks would adversely affect their lives.

David Stephenson, who has lived on Coachman’s Court with his wife for six years, is among those fighting the proposal.

Mr Stephenson’s house is next door the proposed site and he would be able to see the serving hatch of the Starbucks from his lounge window.

David Stephenson, whose house on Coachmans Court is next to the proposed Starbucks site on Wetherby Road.

David Stephenson, whose house on Coachmans Court is next to the proposed Starbucks site on Wetherby Road.

Mr Stephenson said:

“I think it is going to change our lives.

“We live in a nice, quiet cul-de-sac and this is not what we wanted in our retirement.”

Meanwhile, Joanne Richardson, who also lives on Coachman’s Court, said she “could not believe” the council would not be defending its refusal.

Last month, 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”.

He added that losing also risked legal costs of over £50,000.

A council spokesman told the Local Democracy Reporting Service that not contesting the appeal “hasn’t been an easy decision to make” but was “the best way forward in this instance”.

Wonder of nature: Ghostly caterpillar web covers Harrogate hedge

Caterpillars have covered a hedge on Wetherby Road in what looks like a ghostly web.

Drivers will spot the small section of hedge covered in the white webbing on the A661 heading towards Spofforth.

It has become home for caterpillars, which create the webs to protect themselves against predators such as birds.

The phenomena allows them to feed on the hedge, say experts, and is nothing to be concerned about.

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According to the charity Butterfly Conservation’s website, while the webs may look “sinister”, they are common this time of year.

The webs often hide hundreds of caterpillars, known as “small ermine moths”.

It said:

“These striking and obvious webs hide hundreds and sometimes tens of thousands of caterpillars of a group of moths called the Small Ermine moths.”

It added:

“These webs and caterpillars are harmless and usually last from May to June. The webs slowly disappear over the summer and typically the hedgerow shrubs/trees recover. 

“The adult moths fly later in summer and all look superficially similar, being white or greyish with many small black dots, hence the ermine name.”

Controversial Wetherby Road Starbucks would ‘change our lives’, say residents

A controversial plan for a drive-thru Starbucks on Wetherby Road would adversely affect lives, according to residents who live next to the site.

The proposals by Euro Garages would see the coffee shop built on the former 1st Dental surgery site.

Harrogate Borough Council has refused the plan three times and a government planning inspector has also turned down the application.

But the authority has now withdrawn its objection to the latest plans, leaving residents to fight an appeal by the developer themselves.

David Stephenson, who has lived on Coachman’s Court with his wife for six years, is among those fighting the proposal.

Mr Stephenson’s house is next door the proposed site and he would be able to see the serving hatch of the Starbucks from his lounge window.

The view of the proposed Starbucks site from Mr Stephenson's bedroom window.

The view of the proposed Starbucks site from Mr Stephenson’s bedroom window.

He hoped for a quiet retirement when he moved to Coachman’s Court but said the Starbucks would change that if given the go ahead.

Mr Stephenson said:

“I think it is going to change our lives.

“We live in a nice, quiet cul-de-sac and this is not what we wanted in our retirement.”

He added that residents do not object to the site needing redevelopment, but said a drive-thru coffee shop would only increase traffic at the Woodlands junction.

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The junction is the only air quality management area in Harrogate, which obliges the local authority to improve air quality.

Another resident, Joanne Richardson, said she had concerns about the noise, pollution and number of cars coming through the site.

Ms Richardson has lived directly behind the former 1st Dental site for five years and her bedroom window would look out onto the drive-thru.

The view of the site from Ms Richardson's bedroom window.

The view of the site from Ms Richardson’s bedroom window.

She said she was frustrated with the plan and expressed concern over the nitrogen oxide levels from cars to nearby properties.

Ms Richardson added that she “could not believe” that the council would no longer be defending its decision to refuse the plan.

In her consultation response for the appeal, Ms Richardson said:

“I am very frustrated to be in this position again, despite this proposal being rejected by Harrogate Borough Council again.

“This is not a case of Nimbyism. I am genuinely concerned on the impact of this proposal not just on my health and those residents surrounding the site, but also the impact on residents quality of life and wellbeing.”

Cllr Pat Marsh, a Liberal Democrat who represents the area on the council, said the development was another example of “big companies pushing for planning applications” to be put through.

The proposed layout of the Starbucks site on Wetherby Road as submitted to Harrogate Borough Council. Picture: Euro Garages.

The proposed layout of the Starbucks site on Wetherby Road as submitted to Harrogate Borough Council. Picture: Euro Garages.

Another appeal

Last week, the council announced it would not be defending its refusal of the proposal by Euro Garages.

The multi-million pound company, which also operates drive-thru facilities for KFC and Greggs, will be taking the council to appeal on June 15.

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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.

A council spokesman told the Local Democracy Reporting Service that not contesting the appeal “hasn’t been an easy decision to make” but was “the best way forward in this instance”.

As a result, residents will appear at the hearing to defend the council’s refusal and have called for expert help ahead of the appeal to support their case.

The Stray Ferret approached Euro Garages for comment on the concerns, but did not receive a response at the time of publication.

Wetherby Road residents call for expert help to fight Starbucks plan

Residents fighting a plan for a drive-thru Starbucks on Wetherby Road have called for expert help ahead of an appeal hearing.

Harrogate Borough Council decided to drop its objection earlier this week, warning the cost of the hearing could be £50,000.

Euro Garages, the retail firm behind the proposal, is taking the council to appeal over a decision tor refuse the plan for a drive-thru coffee shop on the former 1st Dental Surgery site.

Residents have decided to defend the council’s refusal themselves at the inquiry on June 15.

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After a meeting on Wednesday, Cllr Pat Marsh, who represents the area, called for support from experts for residents to help with their case.

She said:

“As the council will not defend the council planning committee’s original decision it is now up to local residents and myself to attend the appeal to defend the council’s decision and make the case on why this is the wrong site for a drive-thru coffee shop. 

“The council said it could not find any experts to defend the refusal but I am sure that there must be experts out there who would be able to help and guide the residents in this very important case. 

“If anyone can and will help, please do contact pat.marsh@harrogate.gov.uk. The residents would also like help and support from their local MP Andrew Jones.”

Euro Garages has spent almost a decade trying to win permission to open the coffee shop on Wetherby Road, Harrogate but has been refused three times by councillors and once by a government inspector.

Earlier this week, 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 more than £50,000.

After the meeting, a council spokesman told the Local Democracy Reporting Service that not contesting the appeal “hasn’t been an easy decision to make” but was “the best way forward in this instance”. 

Angry residents to fight controversial Wetherby Road Starbucks plan at appeal

Residents will fight controversial plans for a Starbucks on Wetherby Road at a public inquiry after Harrogate Borough Council decided not to risk a costly legal battle.

The council decided to withdraw its objection yesterday ahead of an appeal hearing on June 15, warning it could cost £50,000.

But residents will appear at the inquiry and make a case against the application.

Retail firm Euro Garages has spent almost a decade trying to win permission to open the coffee shop at the former 1st Dental surgery on Wetherby Road, Harrogate but has been refused three times by councillors and once by a government inspector.

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Although the council decided yesterday not to put up a defence, residents will still contest the refusal as a third party.

Cllr Pat Marsh, a Liberal Democrat whose Harrogate Hookstone ward includes the site, is to meet residents tonight to devise a strategy for the hearing.

She said:

“We have decided to do this. We are going to fight this to the bitter end.

“There is a lot of anger here about this application.”

Designs of the Starbucks as included in the planning documents to Harrogate Borough Council.

Designs of the proposed Starbucks included in planning documents to Harrogate Borough Council.

Cllr Marsh added that the application was another example of “big companies pushing for planning applications” to be put through.

The council rejected the proposal on grounds of air quality and traffic flow concerns in December 2019. It also raised concerns over a loss of amenity to those living next to the Starbucks due to noise and light pollution

Council drops defence

The council’s decision not to defend its objection was made at a planning committee meeting yesterday.

Speaking at the committee, Cllr John Mann, chair of the planning committee, said councillors did not have the legal expertise or experience to fight the appeal, which would see them “batted for six by the professional lawyers of the applicants”.

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.

After the meeting, a council spokesman told the Local Democracy Reporting Service that not contesting the appeal “hasn’t been an easy decision to make” but was “the best way forward in this instance.” 

He 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.

“Following this recommendation, along with feedback from relevant consultees and comments made by an independent inspector – who considered a previous appeal at the site for a similar proposal – we believe the most sensible and cost-effective approach would be to not defend the appeal.”

Harrogate councillors cave in over Starbucks drive-thru plans

Harrogate Borough Council will not fight controversial plans for a Starbucks drive-thru after planning officers, lawyers and councillors refused to take on the legal challenge.

Retail firm Euro Garages has spent almost a decade trying to win permission to open the coffee shop at the former 1st Dental surgery on Wetherby Road, Harrogate but has been refused three times by councillors and once by a government inspector.

The most recent refusal came in 2019 when councillors went against an officer’s recommendation for approval to reject the plans because of concerns over road safety, idling cars and the impact on residents.

Now the developers have lodged a second appeal in what marks their best chance yet of winning permission.

This is because officers said they are in no position to fight the case for the council given their previous recommendation and that they had also been unable to find lawyers willing to do it for them.

It left councillors in what they described as an “appalling dilemma” with two options on the table: take on the legal challenge themselves or withdraw their objection.

£50,000 legal costs

Speaking at a meeting last night, councillor John Mann, chair of the planning committee, said councillors did not have the legal expertise or experience to fight the appeal which would see them “batted for six by the professional lawyers of the applicants”.

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.

He said:

“The report that was put before members of the committee in December 2019 concluded on all issues that the scheme was acceptable.

“As with all decisions to refuse, that decision then has to be defended and as officers we can not then about-face and suddenly present an appeal to say actually we have now changed our mind.

“But where there is a defensible case, we will defend it, no matter what the cost.”

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Meanwhile, councillor Robert Windass said he felt “betrayed and let down” by planning officers. He said:

“We are here to make decisions and they say ‘we can’t defend so it’s up to you’ – that is wrong, wrong, wrong”.

Councillor Pat Marsh also questioned:

“Where are the residents’ voices here? We are supposed to represent these people yet we come up against a brick wall when we have got developers like these.

“They are determined to do what they want and they have got the money to do it. We are in a no-win situation here.”

Appeal in June

Councillors agreed to withdraw their objection rather than stand during the appeal, which will still go-ahead on 15 June.

The applicant and objectors will give evidence during a hearing across several days before a government planning inspector makes a final decision.

Speaking after tonight’s meeting, a council spokesman said not contesting the appeal “hasn’t been an easy decision to make” but was “the best way forward in this instance.” He 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.

“Following this recommendation, along with feedback from relevant consultees and comments made by an independent inspector – who considered a previous appeal at the site for a similar proposal – we believe the most sensible and cost-effective approach would be to not defend the appeal.”