A week after the publication of “‘Death Trap’ Garage Planning Stalled “my client Mr Wilson has sent the email below to Richard Flinton, North Yorkshire Council Chief Executive.
Richard Flinton, North Yorkshire Council Chief Executive
Over to Robin …
I write to you regards the failure of NYC and its predecessors to appropriately address the on-going Planning Applications for Brookes Garage, Shipton-by-Beningborough – Planning Application 22/01117/FUL. I own the site next to Brookes Garage.
By Tuesday 23 May 2023 I will have waited for Mark Russell/HDC Planning/NYC to address many issues with regards Planning Application 22/01117/FUL. In that time I have received little more than the Local Authority “no comment” with the standard, and sadly overused, “It is noted” default mode. This is inappropriate and an unacceptable way to deal with those attempting to run a business in North Yorkshire.
Yesterday, with the exception of one (to confirm that the NYC Head of Legal has still not provided simple definitive legislation to a claim made) Mark even failed to provide the standard “It is noted”. The failure of HDC Planning, NYCC Highways and now NYC to move beyond “It is noted” is causing me additional work and taking time that I need to focus on my business. In essence, the failure of NYC is costing me money. No other authority where I have my portfolio conducts themselves in such an unhelpful manner.
The following highlights that which is outstanding in the format of – date raised – issue – extra information:
- 30 April – Large Vehicle Parking/Aggravated Trespass – Failure to provide parking on site for large vehicles that results in a danger to highway users on the A19 and aggravated trespass on my site.
- 30 April – Road Safety Report – The Applicant has failed to produce an accredited Road Safety Report or address that raised in an Accredited Road Safety Report that I commissioned.
- 3 May – One Way System/Tanker Parking/Highway Safety – The Applicant is attempting to introduce a one way system that has a fuel tanker blocking it on numerous occasions every month. This results in a danger to highway users on the A19.
- 9 May – Incorrect Application – As the take away is dominant the application should be for A5 Use Class.
- 9 May – Incorrect Plans and Application Declaration – As the Applicant has “claimed” to own or lease part of the highway both the plans and application are false.
- 12 May – Incorrect Planning Portal – NYC have failed to put the application on their Planning Portal as no such Planning Portal exists.
On 12 May, I raised grave concerns in relation to highway safety with Stuart Grimston. Stuart is on leave until Monday.
In addition to the above, I have raised a considerable amount of objections to this application. I am unaware of any of these that have been addressed.
All of the above MUST be taken in the full knowledge that:
- This application will be a year old on 23 May 2023
- The Brookes Garage site has had no Planning Consent since before 2013
- The Inspectorate has refused an appeal to a previous Application for this site
- HDC lost a Judicial Review to me for an Application they should never have approved
In essence, it is impossible for this Application to be approved without the Courts supporting a Judicial Review from me. You will appreciate that I hold on file numerous Grounds for the current Application if required.
Furthermore my Consultant, Andy Strangeway, along with the highly knowledgeable Nigel Ward, has twice offered to meet with you and Barry Khan, to move this forward. I am disappointed to be informed that neither you nor Mr Khan have even had the courtesy to acknowledge their polite invitation.
In the interest of transparency and for further information I refer you to:
I have given Andy my permission to publish this email onto his site and asked him to forward the relevant link to key stakeholders.
I would politely suggest and request, that you consider the full contents of this email and personally assure me of how NYC will move this forward within a clear stated timescale.
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