Flaxby Park Limited vs Harrogate Borough Council legal challenge judgement

Following the outcome of the Flaxby Park Limited vs Harrogate Borough Council legal challenge, the court has dismissed outright two of the three challenges.

A council spokesman said: "We are pleased that the court has dismissed outright two of the three challenges brought by Flaxby Park Limited, with the judge stating 'they were weak grounds'.

"The judge is clear there were no flaws in the development of the local plan, the process was fair and equal, and that sufficient evidence had been put forward in relation to the new settlement.

"He has ruled that the plan does not need to be quashed in part, or full, saying that would be 'wholly unjustifiable'.

"The court's view is there was a single procedural issue because specific attention was not drawn to an updated sustainability appraisal when adoption of the local plan was discussed by councillors, even though the document was in the public domain at the time.

"The judge stated that although Flaxby Park Limited has been successful, in-part, to Ground 1 they had mounted a ‘time-consuming and costly attack on the local plan process' and had ‘failed in achieving what was plainly the main object or thrust of the challenge.'

"To address the issue of the updated sustainability appraisal, a report will be brought to full council as soon as possible.

Flaxby Park Limited vs Harrogate Borough Council order
Flaxby Park Limited vs Harrogate Borough Council judgement

Published: 25th November 2020