UPDATE ON JUDICIAL REVIEW FOR PROPOSED DEVELOPMENT OF 21 HOUSES IN BICKERTON
Following the news that a Judicial Review would take place, Councillors asked the Chairman to take legal advice about our current position and whether there was anything further that the PC could do to influence this development.
The Parish Council has established a relationship with a Harrogate Solicitor who is an expert in these matters and he summarised the situation as follows:-
A challenge to the decision taken by HBC has been made by an applicant who has an interest, the Council is the defendant and the developer would probably be seen as the interested party. The Parish Council has no standing and would not even be seen as an interested party.
The conduct of HBC will be looked at and the justification for formal proceedings accepted or not accepted. If accepted it goes to the High Court and formal submissions will be heard by a single judge.
This is the legal permission stage and if the judge thinks that the applicant has an arguable case, then it goes on to a full hearing.
If the challenge is upheld then the decision is quashed and HBC will have to repeat the procedure. If the decision is quashed due to an error made by HBC, then they can attempt to put that right and go on to make the same decision as before.
The new Local Plan has been criticised and HBC have been told that they have exceeded their quota for developments. They have been told to remove some developments, this may work in our favour. We will have to wait and see.
I am advised by our Solicitor that at this stage there is nothing else that the PC can do.
The Parish Council is aware of the attempts by the owners of Horseshoe Farm near Long Marston to market their proposed Wedding Venue on a limited basis. This follows Harrogate Borough Council's refusal of the Planning Application last year.
The Parish Council is aware of the concern being expressed by local residents in Bilton in Ainsty that any event held will have an impact on the peaceful nature of this tranquil area. The proposed open day to publicise two events has been reported to HBC as an Enforcement Issue and appropriate action will be taken by their Officials, who will be visiting the site to speak to the owners.
The Parish Council will next meet on Monday 18 February 2019, in Tockwith School at 7.30 pm, when Councillors will begin to address the revision of an Emergency Plan for the Parish. The Plan was previously produced by the Emergency Planning Officer from HBC and was somewhat extensive. Recent efforts have been made to produce a simplified version and a template has been made by the Emergency Planning team at HBC. Time has been set aside at the next PC meeting to allow discussion about the work.
The Parish Council has recently purchased a new Defibrillator and heated cabinet for Bickerton. The cabinet has been installed at Jesmondene 1 Main Street Bickerton and connected to the electricity supply at the property by kind permission of the property owners. Yorkshire Ambulance Service are aware of this new arrangement and in an emergency will direct callers to collect the defibrillator from its cabinet.
Following HBC's approval of the Planning Application for 21 properties off Turnpike Lane Bickerton, a request for a judicial review of the planning process has been granted. The outcome of this review will affect any decision about the current application for 24 Dwellings on an adjacent site to that for the 21 .
The Parish Council is now back to full strength, following the Co-option of two residents from Bickerton who filled existing vacancies for Councillors.
The first meeting of the Parish Council in 2019, will be held in Tockwith School at 7.30pm on Monday 14 January. Councillors will have a full agenda to deal with, following receipt of another Planning Application for 25 properties off Tom Cat Lane Bickerton. The current planning application for new dwellings in Bickerton if successful, will increase the size of the Hamlet from 81 dwellings to 142 dwellings.
Many local residents will be familiar now with changes to data protection legislation. Your Parish Council is currently having to check every historical document in its secure store in Wetherby and destroy any document that includes personal data that it does not have specific approval to hold. This is proving very time consuming. When that task is completed, this web site will be checked and the minutes and agendas for many earlier years than the current, will be removed.
Councillors have adopted a Data Retention Policy, which can be read here. The PC is compliant with the General Data Protection Regulations 2018.
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If any local resident would like to read a copy of the latest annual accounts, they can now be viewed on this website. If you would prefer it, a copy of the accounts can be emailed to you direct by request to firstname.lastname@example.org