Homes plan refusal may be challenged

PLANNING: Developers behind plans to build hundreds of homes on ancient bogland which have been blocked by the Government could still challenge the decision in the High Court.

Details have emerged that a legal bid to overturn the decision to prevent the contentious development on the outskirts of York could be staged.

DEVELOPERS BEHIND plans to build hundreds of homes on ancient bogland in North Yorkshire which have been blocked by the Government could still challenge the decision in the High Court.

Details have emerged that a legal bid to overturn Local Government Secretary Robert Jenrick’s decision to prevent the hugely contentious development on the outskirts of York could be staged by Barwood, the company behind the proposals.

reported on Thursday last week that both the Yorkshire Wildlife Trust and Sir David Attenborough, who had previously opposed the housing development, welcomed the Government’s decision to reject the developer’s appeal.

The veteran broadcaster and renowned conservationist had claimed he was “absolutely delighted that such a treasure has been saved”.

But a report into the Secretary of State’s dismissal confirmed that Barwood could appeal the decision by making an application to the High Court within six weeks.

A further appeal would only be granted under certain circumstances, and a letter says that if the court does not consider there to be an arguable case, it may refuse permission to appeal.

The Secretary of State sided with York Council’s decision to refuse the plans.

A letter from the Government states: “The Secretary of State has concluded that the proposal would probably cause harm to the interests for which Askham Bog is cited as a (Site of Special Scientific Interest) and to the deterioration of irreplaceable fenland habitat.”

It added that the department received a letter from the York Outer MP, Julian Sturdy, on behalf of a cross-party group of MPs including the York Central representative Rachael Maskell, raising concerns about the impact of the development on Askham Bog.

The developers had claimed the housing scheme would “offer protection to Askham Bog for future generations” and help address York’s housing crisis.

Askham Bog is home to a host of plant species including royal ferns, rare gingerbread sedge and spectacular displays of water violets.

The bog is a survivor of the ancient fenlands of Yorkshire and occupies the site of a lake, left behind by a retreating glacier 15,000 years ago.

The Yorkshire Wildlife Trust, which manages the nature reserve, said its members were “overjoyed” when it learned of the Secretary of State’s decision last week.

Barwood has been approached for comment about whether the company plans to go to the High Court.

I am delighted that such a treasure has been saved.

Sir David Attenborough.