Our Ref: 2761-01/NDR
31st January 2020
By email only: Mike.Parkes@harrogate.gov.uk [email protected] [email protected]
Mr Mike Parkes Principal Planner Place Shaping and Economic Growth Harrogate Borough Council PO BOX 787 Harrogate HG1 9RW
Dear Mr Parkes
APPLICATION REFERENCE: 18/02713/EIAMAJ - PROPOSED DEVELOPMENT OF A MOTORWAY SERVICE AREA (MSA) AT JUNCTION 50 OF THE A1(M), HUTTON CONYERS NORTH YORKSHIRE
We write on behalf of Applegreen PLC in respect of the above planning application submitted by Moto Hospitality Limited (“the proposed Ripon MSA”).
Further to the Council’s refusal of our client’s Vale of York MSA application (reference: 18/00123/EIAMAJ) on 22nd November 2019, you will have received our formal Notification of Intention to Appeal on 23rd December 2019. We can now confirm that the appeal was lodged on Friday 24th January and confirmed received by the Planning Inspectorate on the 28th and given the reference number APP/E2734/W/20/3245778. On 30th January 2019 (email from Mark Boulton), the Planning Inspectorate confirmed that the appeal would take place by way on an Inquiry.
The Vale of York MSA scheme is now, in law, a material planning consideration in the Council’s determination of the proposed Ripon MSA and its relative merits must be taken into account (see Secretary of State for the Environment v Edwards and others (1995) 69 P&CR 609).
The criteria for the materiality of the relative merits of another application site are: 1. The presence of a clear public convenience, or advantage, in the proposal under consideration; 2. The existence of inevitable adverse effects or disadvantages to the public or to some section of the public in the proposal; 3. The existence of an alternative site for the same project which would not have those effects, or would not have them to the same extent;
/ … Page 2 Our Ref 2761-01 31st January 2020
4. A situation in which there could only be one permission granted for such development, or at least only a very limited number of permissions.
Those criteria apply on the facts so that the proposed Vale of York MSA, and whether it constitutes a better way of meeting the need for an MSA, are material considerations when it comes to the determination of the proposed Ripon MSA.
The 1st, 2nd and 4th criteria are readily demonstrated: (1) there is a need for an MSA; (2) it is inevitable that in meeting that need some or other adverse impacts would arise, and (4) only one planning permission should be granted to meet the need.
As to the 3rd criterion (in effect whether it would be better to meet the need with the Vale of York MSA proposal), national policy expresses a clear preference for an on-line scheme to an off-line scheme.
Relevant national policy is DfT Circular 02/2013: ‘The Strategic Road Network and the Delivery of Sustainable Development’ which states in relation to the location of MSAs in paragraphs B13 and B14 that:
“On-line (between junctions) service areas are considered to be more accessible to road users and as a result are more attractive and conducive to encouraging drivers to stop and take a break. They also avoid the creation of any increase in traffic demand at existing junctions.
Therefore, in circumstances where competing sites are under consideration, on the assumption that all other factors are equal, the Highways Agency has a preference for new facilities at on-line locations”.
The Vale of York MSA is an on-line (between junctions) scheme, whereas the Ripon MSA is an off-line, junction proposal. Thus, the Vale of York MSA is the proposal that accords with the clearly stated preference of national policy. This was recognised in your Committee Report for the Vale of York scheme at paragraph 9.30.
In addition, NPPF paragraph 42 and paragraph B29 of DfT Circular 02/2013 both confirm that the primary function of roadside facilities is to support the safety and welfare of the road user. The proposed Vale of York MSA would be capable of delivering safety and welfare benefits to over 22,000 more motorists each and every day, contrasted with the proposed Ripon MSA. The daily average 2-way traffic flows on the A1(M) past the Vale of York MSA site (between junctions 48 and 49) are 79,870 vehicles1. This drops to 57,648 vehicles between junctions 49 and 50, where the proposed Ripon MSA is located.
The Vale of York MSA planning application was not subject to objection from any of the technical consultees. In contrast, the proposed Ripon MSA is presently subject to technical consultee objections from Yorkshire Water, the Lead Local Flood Authority (North Yorkshire
1 Based on Highways England Webtris data for 2019. Page 3 Our Ref 2761-01 31st January 2020
County Council) and Hambleton District Council, the proximate neighbouring authority, which strongly objects on the grounds of visual intrusion into and harm to the open landscape.
With regard to landscape and visual impacts, we believe it is clear that the proposed Vale of York MSA would be considerably less impactful than the proposed Ripon MSA. We shall write to you on this matter, in the form of a representation, under separate cover.
There is a live appeal in relation to the proposed Vale of York MSA. The Council’s 1st reason for refusal (that the site is not allocated for an MSA in the existing or emerging Local Plans) and the 2nd reason for refusal (that granting permission would result in a 2nd MSA in the District) apply just as much to the proposed Ripon MSA. We contend through our appeal that these reasons for refusal are ill-founded, however, unless and until the Council notifies the Planning Inspectorate that it no longer pursues them, they constitute the Council’s position concerning MSAs in the Districth. The law recognises the importance of consistency in making planning decisions. Given this, in the interests of consistency, the Council should refuse the proposed Ripon MSA for the same reasons (i.e. reasons for refusal 1 and 2).
The same point arises in relation to the 4th reason for refusal (in our case alleged economic harm to Boroughbridge) in light of Hambleton District Council’s objection that: “The Council wish to ensure that the economy of Hambleton District is not harmed by additional retail development in locations away from the Market Towns and larger villages within the District. The proposed development includes a range of retail functions that have the potential to a) harm the viability of other centres and b) result in the MSA becoming a destination for shopping”.
We trust the contents of this letter are self-explanatory. However, should you have any queries, please do not hesitate to contact the undersigned at our South Manchester Office.
Yours sincerely Nick Roberts
Nick Roberts Director
Helen Whitby
From: Ruth Hindmarch
Categories: Helen
Dear Helen
With reference to the above I can confirm that Hambleton District Council have no comments to make.
Kind Regards Ruth
Ruth Hindmarch Senior Planning Officer Planning Tel: 01609 767169 Email: [email protected] Website: www.hambleton.gov.uk
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2 From: To: DMST Subject: Re: Notification on Appeal 20/00015/NREFPP at Land Comprising Os Field 3300 Date: 18 February 2020 15:41:53 nothing has changed and my previous points of objection still apply. This area cannot justify a motorway services so close to a small village. This stretch of road is already well covered both north and south. mrs. C Mitchell.
On Tue, Feb 18, 2020 at 10:34 AM
This e-mail and any attachments may contain information that is confidential or privileged, and is intended solely for the use of the named recipient. If you are not the intended recipient, storing, copying or disclosing this e-mail is prohibited and maybe unlawful.Please delete it.
Any opinions are those of the author and not necessarily those of the Council. No officer is authorised to make a contract on the Councils behalf by e-mail. The recipient is responsible for virus checking this e-mail and any attachments. The Council does not accept service of legal documents by e-mail. RE Kirby Hill MSA Planning Appeal ‐ APPE2374W203245778_ From: Bell, Alison Sent: 08 April 2020 09:47 To: Tony Collins Subject: RE: Kirby Hill MSA Planning Appeal ‐ APP/E2374/W/20/3245778
Dear Mr Collins
Thank you for your message.
The inquiry is scheduled to go ahead as arranged on 2 June subject to further guidance/instructions and I will advise parties of any change as soon as I am in a position to do so.
We are not yet in a position to advise whether the inquiry can proceed electronically, but will advise as soon as possible if this is feasible/necessary.
Further advice about future arrangements will be at the following link gov.uk/government/news/planning‐inspectorate‐coronavirus‐covid‐19‐update which will be updated as things progress.
Kind Regards
Alison Mrs Alison Bell Major Casework Team The Planning Inspectorate 3/J Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN
Direct Line: 0303 444 5279 Email: [email protected]
Please note my work pattern is Monday to Thursday.
From: Tony Collins < Sent: 07 April 2020 08:49 To: Bell, Alison
Dear Ms Bell,
I understand you are the Case Officer for the above appeal.
I act for Moto Hospitality Ltd who were not advised of the appeal by Harrogate
Page 1
J o P i c k e r i n g Newlands, Ripon Road, Kirby Hill, Boroughbridge, YORK YO51 9DP Telephone: E mail:
R Aston BSc(Hons), DipTP, MRTPI 17th March 2020 The Planning Inspectorate Room 3/26 Temple Quay House Bristol BS1 6PN Notification on Appeal 20/00015/NREFPP at Land Comprising Os Field 3300 COUNCIL REF: 20/00015/NREFPP APPEAL REF: APP/E2734/W/20/3245778 Proposed Motorway Services at Kirby Hill near Boroughbridge, North Yorkshire
Dear Sir
I am writing to strongly object again to the above proposal.
The B6265 west of the A1(M) is an extremely busy single carriageway road, that is crumbling under the weight and volume of traffic already using it. I believe the huge increase in traffic the MSA would bring will make this road considerably more dangerous than it is at present. I am aware the main access to the MSA will directly from the A1(M), However there will be access for construction, maintenance, staff and emergency vehicles directly from the B6265. All this will increase the danger on this stretch of fast, dangerous road.
I have lived at my above address for years. Why have I lived here so long you may ask. The reason is, I love this area with its outstanding views of the open countryside. Yes the A1(M) runs through it but the A1 was here when I came here. If I had wanted to live near an MSA I would have bought a property near an MSA years ago. This area is prime agricultural land with extensive panoramic views. This is how I wish it to remain. Any development on the proposed site will be a dirty great blot on the landscape. Once Greenfield sites are built on they are gone forever. We are only caretakers of the land and as such we should respect it.
As you are well aware there have been previous applications for similar development on this site. I have opposed them all. There have been 3 public inquiries and the plans have been turned down on all three occasions. The proposed site has not changed and is therefore still unsuitable as an MSA. I know the proposed developers have said it will be environmentally friendly and green, but if planning permission was to be granted I feel they would no longer care about this. I am extremely concerned about the service entrance onto the B6265. This is a busy straight road with no speed restrictions other than the national limit. Several accidents happen on this stretch of road each year. Only last week my neighbour was the victim of a hit and run incident whilst walking his dog. Hopefully HBC have learned a lesson from the eyesore that is now the unsightly Allerton Waste Recycling Park.
I understand there is also land earmarked for the expansion of the MSA site at Kirk Deighton/ Wetherby. It would be much more economical and environmentally friendly to expand the current site rather than start again at Kirby Hill.
In these uncertain times and with so much emphasis on global warming and climate change, we should take more care of the environment and out green fields.
I there hope that this appeal is rejected.
Yours sincerely
Jo Pickering
Mrs Jo Pickering
Helen Whitby
From: Kay Heywood
Dear Alison
Further to our letter of objection dated 12th March 2020, please would you inform the Inspector that Langthorpe Parish Council fully supports the objection case being presented at the Inquiry by Kirby Hill RAMS.
The Council will be represented at the Inquiry by Mr Gareth Owens, Chair of Kirby Hill RAMS and his team, which includes Mr Mike Collins, MBE, Chair of Langthorpe Parish Council.
Kind regards
Kay Heywood Parish Clerk Langthorpe Parish Council 01423 323185
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This email and any attachments may contain information that is confidential or privileged, & is intended solely for the use of the named recipient. If you are not the intended recipient, storing, copying or disclosing this email is prohibited & may be unlawful. Please delete it. Any opinions are those of the author & not necessarily those of the Council. The recipient is responsible for virus checking this email & any attachments. The Council does not accept service of legal documents by email.
1 Helen Whitby
From: Dishforth Parish Council Clerk
Dear Alison Please would you inform the Inspector that Dishforth Parish Council fully supports the objection case being presented at the forthcoming Inquiry by Kirby Hill RAMS. The Council will be represented at the Inquiry by Mr Gareth Owens, Chair of Kirby Hill RAMS and his team.
Kind regards
Rebecca Crabtree Clerk and Responsible Finance Officer Dishforth Parish Council
1