The developer of a housing scheme for a village near York has hit out at councillors saying their refusal of the homes was ‘inconsistent’ and ‘not rational.’

Mulgrave Homes is also threatening to appeal against a decision it says “risks an erosion” in the confidence the public and developers would have in York’s planning system.

The attack is made in resubmitted plans for 21 homes on a 1ha site east of Middlewood Close, Rufforth. Despite council planning staff recommending approval, City of York Council’s planning committee rejected the scheme last month.

The application says after 8 months of working with council planners, resolving all matters prior to the August 11 meeting, Mulgrave “had a legitimate expectancy” the scheme would be approved.

But councillors felt the mix of 2,3,and 4 bed homes, including 6 ‘affordable’ homes on a Green Belt site would encroach into the countryside and had no very special circumstances to outweigh such harm.

Though plans must be determined on their own merits, Mulgrave was “astonished” at the refusal, calling the decision “inconsistent”  with schemes recently approved at Copmanthorpe and Dunnington.

Those two sites were also allocated for housing in the Draft Local Plan, both were within the Green Belt, both were recommended for approval and both faced “no issues of prematurity” with the Draft Local Plan. Therefore, Mulgrave was “at a loss” over a decision it called “inconsistent and contrary.”

The developer also claimed local support for the scheme, including it being a site for housing in a Neighbourhood Plan, plus the emerging Draft Local Plan, which has already undergone several rounds of consultation. There were ‘only’ two objections to the application.

“Such decision-making risks an erosion in the confidence of the public and developers in the operation of the development control system in York,” the application by agents DPP continued.

The agents also said: “The decision of Members is not considered to be rational….The Applicant has instructed DPP to lodge an appeal against the refusal of the previous application. This will be made shortly.”

“However, the Applicant remains keen to avoid a long and protracted appeal process, which will be costly and time consuming for both parties. For this reason, the Applicant has instructed DPP to resubmit the planning application for reconsideration by the Council.”

DPP added the scheme was on a ‘sustainable’ site and would help York with unmet housing need.

The application concluded: “We have demonstrated above that the Proposed Development also constitutes sustainable development in that is fulfils the economic, social and environmental dimensions of such development as set out in the Framework and this also weighs in favour of the Proposed Development.

“We consider that the above circumstances constitute very special circumstances which clearly outweigh the harm to the Green Belt and any other harm.”