Spofforth housing developer requests £23,000 in council appeal costs

A developer has asked Harrogate Borough Council to pay £23,000 in costs after it won a planning appeal against the authority.

Yorkshire Housing Ltd took the council to the government’s Planning Inspectorate after it refused a proposal for 72 homes on Massey Fold in Spofforth.

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

At the time, councillors said the plan would have a “detrimental urbanising impact upon the character and setting of Spofforth”.

A planning inspector sided in favour with Yorkshire Housing and gave the go-ahead for the scheme in October 2021.

Now the council has confirmed that the developer has submitted a request for costs totalling £23,278 for the appeal.

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The developer sought costs from the council after it said the authority had “unreasonably delayed” the housing development.

Council officials asked the inspector dismiss the request. But the government awarded costs against the authority.

Local concern

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

More than 300 local people and organisations, including Natural England and Yorkshire Wildlife Trust, raised concerns about the development.

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

However, Siobhan Watson, the government planning inspector, said she found the council’s reasons for refusal “vague and illogical”.

She said:

“Given the site’s planning history, I find the council’s refusal of the application and subsequent defence of the case to be both vague and illogical. 

“I consider that the development should have been clearly permitted and that the council produced vague and generalised assertions about the proposal’s impact which are unsupported by objective analysis.”

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 approves controversial 72 homes in Spofforth

The government has approved controversial plans for 72 homes in Spofforth. The approval will come as a bitter disappointment to many residents who fought the development.

Yorkshire Housing Ltd has challenged Harrogate Borough Council’s decision to refuse its proposal for the site on Massey Fold.

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

Siobhan Watson, a government planning inspector, has given the go-ahead for the proposal.

Ms Watson said in her decision report:

“I find some harm to the character and appearance of the countryside, however, I find the internal layout and detailed design of the proposed housing to be acceptable.”

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

Ms Watson said:

“Given the site’s planning history, I find the council’s refusal of the application and subsequent defence of the case to be both vague and illogical. I consider that the development should have been clearly permitted and that the council produced vague and generalised assertions about the proposal’s impact which are unsupported by objective analysis. 

“The council has therefore behaved unreasonably, and thereby caused the party applying for the costs to incur unnecessary expense in the appeal process.”

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

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.

She said in her letter that the village is “a very blue village but which is seeing red thanks to the government’s planning policies”.

Ms Fawcett added that it “will never be the same” if the appeal is allowed and that the “Sword of Damocles” hung over villagers.

The developer said the borough council had “unreasonably delayed development” at the site and that its case “does not contain any objective analysis that justifies the reason for refusal”.

Yorkshire Housing Ltd declined to comment at this stage.

Spofforth council appeals to Prime Minister over controversial housing proposal

Spofforth parish council has written to Prime Minister Boris Johnson urging the government to investigate a controversial housing development in the village.

Yorkshire Housing Ltd has challenged Harrogate Borough Council’s decision to refuse its proposal for 72 homes on Massey Fold.

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

Ahead of a decision from the government’s planning inspector, the parish council has written to Boris Johnson calling on him to “throw the weight of government” against the scheme.

The letter from Shirley Fawcett, chairman of Spofforth with Stockeld Parish Council, says the village is “a very blue village but which is seeing red thanks to the government’s planning policies”.

It adds that it “will never be the same” if the appeal is allowed and that the “Sword of Damocles” hangs over villagers.

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It added that a recent Chesham and Amersham by-election defeat for the Conservative party was because the “government have more on their minds than planning issues”, but pleaded for Mr Johnson to listen to the village’s concern.

It said:

“We ask from the bottom of our hearts on behalf of the whole village that you investigate this situation and throw the weight of government against this scheme and of course hundreds of other schemes proposed for villages throughout the country.

“We would fully support the need for the development on ‘brown field’ sites but definitely not on this countryside site.”

Developer seeks costs

Meanwhile, Yorkshire Housing Ltd has submitted an application for costs against Harrogate Borough Council should the appeal be given the go-ahead.

The developer said the borough council had “unreasonably delayed development” at the site and that its case “does not contain any objective analysis that justifies the reason for refusal”.

In response to the costs application, the council said:

“In making the determination to refuse the application, the local planning authority have had regards to the development plan and supporting material consideration. 

“The local planning authority respectfully requests that the inspector dismisses the applicant for an award of costs.”

The Planning Inspectorate, which deals with planning appeals, will make a decision on the proposal at a later date.