GERMANY BECK: Defeat for Fulford battlefield homes protesters

The latest fight over the future of the Germany Beck site, believed to be the site of the first battle of 1066, has ended at London's Appeal Court.

Lord Justice Richards refused to allow the long-running dispute to continue despite claims that the plan for more than 650 homes would threaten an ancient battleground as well as a colony of rare bats and that the site could be subject to possible flooding.

He said measures were being taken to protect the bats and a full flood plan survey had been carried out.

He dismissed applications by Fulford Parish Council and local historian, Charles Jones, for permission to appeal against earlier High Court dismissal of their moves to block use of the site for residential development.

His decision eases the way for developers Persimmon Homes to build 655 homes on the 34-hectare site.

The judge said that appeals against the High Court rulings would be doomed to failure and the proposed grounds for any appeals were without merit, and had no prospect of success.

Mr Jones, in the High Court, had unsuccessfully sought judicial review of English Heritage’s refusal to add the Germany Beck site to the list of ancient battlegrounds.

Had it gained that status the site would have been put on the map alongside the more famous 1066 encounters at Hastings and Stamford Bridge which would then have been regarded as a “material consideration” in future planning decisions for it.

Lord Justice Richard praised Mr Jones, the author of a study entitled ‘Finding Fulford' in which he argues that the battle was fought on land now known as the Germany Beck site, saying his enthusiasm and effort were “impressive and commendable”.

But he rejected his bid to challenge the High Court ruling.

He went on to reject Fulford Parish Council’s bid to appeal against the refusal of the High Court to allow them to seek judicial review of the decision of City of York Council to allow housing on the site.

He said outline planning permission had been given in 2007, and a number of applications and appeals had been made which had all ended in failure.

He said in neither of the two applications had the judges fallen into error of law, and they were entitled to reach the decisions they did.

Lord Richards said his refusal of the latest application would bring “this case to an end at last - a long time after it should have ended.”

Fulford parish council chairman Alan Smith admitted there seemed to be “no further avenues open” to resist the development.

Fulford Parish Council chairman Alan Smith at the battlefield site

“It is a huge disappointment,” he said.

“There has been a great deal of effort by a lot of individuals on this and a lot of financial resource committed by the parish council.”

He said he now hoped there could be ‘positive talks’ with the council and Persimmon to mitigate the ‘less pleasant aspects’ of the development.

Mike Slater, the council's assistant director, development services, planning and regeneration, said the decision reaffirmed the council's position that its decision-making process concerning Germany Beck "was lawful and robust".

Mike Slater

“York council is determined to kick-start stalled developments and increase the number of new homes built in York.

"Germany Beck is currently one of the largest developments in the city, which is going to provide around 650 much needed new homes. We look forward to working with Persimmon Homes to get house building moving on this site.”

Simon Usher, managing director at Persimmon Homes Yorkshire confirmed: “We are delighted with yesterday’s decision which we see as a vindication of the hard work carried out by the City of York Council and English Heritage in determining these matters.

"This is the seventh time these cases have now been heard in either the High Court or the Court of Appeal, each time at significant cost to the City’s tax payers and each time being comprehensively ruled as without legal merit.

"All of these rulings demonstrate that both City of York Council and English Heritage have undertaken comprehensive, robust and lawful assessments of both the planning and heritage issues associated with the site at every stage of the process and we hope both Fulford Parish Council and Mr Jones heed the conclusions of all of seven judgements and will now engage constructively with the development process.

"This is a positive outcome not just for Persimmon Homes but also for people looking to get on the property ladder in York.

“We look forward to commencing work on site as soon as possible and have submitted all of the details required to discharge the planning conditions in order to expedite this process.”