THE biggest housing scheme in York has overcome another legal battle and is one step closer to work starting.
The High Court has refused permission for a judicial review of City of York Council’s decision to grant “reserved matters” planning permission to build 650 homes at Germany Beck.
Outline permission for the development was granted in 2007 after a public inquiry, while a “reserved matters” application was granted in relation to the appearance, landscaping, layout and scale of the site.
Those against the development claim the Battle of Fulford was fought there in 1066, and the site was prone to risk of flooding.
Campaigners also said they were concerned over risks to bats and air quality, and decided to appeal a previous High Court judgement in December, which found in favour of the developers.
This week’s decision, by the Honourable Mrs Justice Lang, stated the latest appeal against English Heritage, City of York Council and Persimmon Homes “does not disclose arguable grounds for judicial review”, and ruled the decision making was not “legally flawed”.
Councillor James Alexander, leader of City of York Council, welcomed the latest decision, and said he hoped it would mean the development could finally start.
He said: “Due process has been followed and people have exercised their legal rights, but legal challenges one after another have failed. An appeal of this decision may follow but I don’t believe that would bring about any other outcome.
“The debate needs to move on from some people being against the development of homes at any cost to working in partnership with councillors and developers to ensure much needed new homes meet the needs of local communities.
A public inquiry was held in 2006 and here we are eight years later with little progress made, it’s time to get these homes built.”