AN appeal has been made against the decision to refuse plans for a petrol station and forecourt shop on a derelict piece of land in Norton.

The original application, which included the construction of a BP petrol station, Marks & Spencer food store and Wild Bean coffee shop, with parking, on the former Malton Clothing factory site in Welham Road, was unanimously rejected by members of Ryedale District Council’s (RDC) planning committee last August.

The reason for the refusal related to “sequential tests” - safeguards in planning law that require applicants to first rule out other available sites when applying for planning permission.

RDC planning officers deemed the Malton livestock market site in Horsemarket Road a better site, partly due to a lower flood risk.

However, in a report to the planning committee which met last night (Tuesday), members were told the applicant has now appealed against this decision, and included new information which demonstrates why the livestock market is not suitable for the proposed development.

The report said: “We are persuaded that the supplementary information prepared on behalf of the appellant satisfactorily demonstrates that the livestock market site is not suitable to accommodate a petrol filling station development, primarily due to an insufficient volume of traffic on the surrounding road network and its lack of visibility from the primary road network within Malton.”

The report added: “Based on the conclusions, officers consider that to attempt to defend this appeal in light of this new information would be unreasonable and is likely to put the council at serious risk of an award of cost.”

The initial application received 28 objections and three letters of support.

Those opposed to the development said it lies on the edge of a conservation area and will have a detrimental impact on the town.

They also raised concerns about highway safety, noise levels, air quality, flood risk and contamination.

Howard Keal, one of the objectors, said, “The petrol station and store would worsen the vulnerability of nearby properties to flooding and pollution.

“Homes here are already suffering from a massive increase in congestion as a result of the changes to the level crossing junction and the application would only make the problems worse.

“Air quality has plummeted in St Nicholas Street at peak times since the junction change.

“There are better sites for the petrol station on York Road, Malton, away from homes and at the site of the business park at Eden Camp, where the existing levels of passing traffic would also support the proposed store.

“The district council should be protecting residents – not selling them down the river.”