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.