HEARTBROKEN campaigners battling to stop more than 400 homes being built on green space in the district have lost a legal challenge against the application after a nine-year battle which has cost them £250,000.

The Secretary of State for Communities and Local Government, Sajid Javid, has agreed with Bradford Council’s granting of outline permission for the joint plans by developers Bellway and Redrow Homes to build between 420 and 440 homes at Sty Lane, Micklethwaite.

The scheme would involve the removal of a traffic swing bridge and its replacement with a vehicle and pedestrian swing bridge over the Leeds & Liverpool Canal.

An eight-day public inquiry was heard last October and presided over by planning inspector George Baird, whose report has been supported by the Government's Department for Communities and Local Government (DCLG).

The permission has 40 conditions attached and the reasons for the decision are outlined in the DCLG’s 146-page document.

And while full permission is granted for the replacement of the swing bridge, which will be essential to allow reliable access for emergency vehicles, only outline permission has been granted for those houses to be served by the bridge.

No work can begin on that major section of the development until the bridge has been built, although that does not stop complete plans and work progressing on 22 homes off Oakwood Drive.

Terry Brown, now chairman of Bingley Town Council and previously the chairman of the Greenhill Action Group which has campaigned against the plans, said: “From a personal point of view this decision is very disappointing, but not entirely unexpected because of the much expressed need by national and local government for more local housing.

"I am sure that the Greenhill Action Group will be looking at this with its legal advisers, but I understand there are certain provisions that need to be sorted out before anything can go ahead such as the bridge and the junction onto Sty Lane.

"Obviously if there is going to be construction of a new link road, that will mean a lot of heavy construction traffic going up and down Oakwood Drive. It’s all very complicated and I’m sure GAG will be taking legal advice to consider whether there are any grounds which will then apply for a judicial review or a further appeal.”

Cllr Brown said this most recent stage of the battle cost GAG £100,000 in legal fees and advice from planning and transport consultants. We have been on an uphill struggle and there has to be a certain acceptance of the fact that Bradford Council wants to build 1,400 houses in Bingley. So this means a quarter of that target at one fell swoop, which will no doubt please them.”

GAG’s new chairman, Mick Meares, said: “People will be heartbroken by this and there is a real sense of disbelief. The fight’s not over, but it has changed shape. It will take a few days to go through the whole document, but suffice to say this is not a full planning application at this stage. However the principle of building on this land seems to have been established."

A spokesman for Bellway Homes said: “We are delighted that The Secretary of State has granted planning permission for this development after due consideration. This scheme will provide much needed housing in the Bradford district and work has commenced on the detailed design for what we are sure will be a very successful development.”

A spokesman for Redrow said: “After such a lengthy process we are pleased that the go ahead has finally been given for this land to be developed. We now look forward to considering the planning inspector’s recommendations in more detail and taking the next steps to bring the plans to fruition.”

The Council had previously opposed the development because of concerns about emergency access should the swing bridge break down, but later approved the plans when it was satisfied those concerns had been addressed.

A Council spokesman said: “We know there are a number of strong feelings around this proposal but it will account for over 30 per cent of the proposed housing target for the Bingley area and will reduce the amount of green belt land releases which will be needed in this area in the Local Plan. We look forward to the future applications which will provide more detail around related infrastructure and other issues that are important to local people.”

Ward Councillor David Heseltine, (Con, Bingley) said: “I am very disappointed that this has been approved. There has been no satisfactory resolution to the detrimental effect on the existing community due to a totally inadequate solution to the traffic accessing the development both on a daily basis and even worse the emergency provision through Oakwood and surrounding residential roads. Also there is the damaging effect of urban sprawl on the canal conservation area."

Conservative Shipley MP Philip Davies said: “I’m gutted. It’s a terrible decision. I feel so desperately sorry for the local residents and the Greenhill Action Group, who have been absolutely magnificent.

"I am absolutely devastated for them and it all very well for planning inspectors to make these decisions, they don’t have to live with them. The Greenhill Action Group should be so proud of what they’ve done - they couldn’t have done any more.”

Why the scheme met planning guidelines 

A key area of concern throughout the saga of the Sty Lane development has been the question of reliable emergency access to the site - primarily worries over potential faults with a swing bridge across the Leeds and Liverpool canal.
But planning inspector George Baird found that when the swing bridge is in operation or when the emergency access is in use, the proposed development would not have an unacceptable effect on the safety and free flow of traffic. He also found that the proposal to monitor the operation of the bridge and the emergency access procedures meant time between the bridge failing and the opening of the emergency access would be materially reduced from that in the original scheme, so that the flow of traffic that would use the route through Micklethwaite village would be low and would not have an unacceptable effect on the highway safety and the free flow of traffic through the village. 
The Secretary of State agreed with the inspector that impact on the heritage areas of Micklethwaite and the Leeds & Liverpool Canal only varied from minimal to moderate.It was noted as being consistent with Government policies on promoting sustainable transport and delivering a wide choice of high quality homes. And the Secretary of State acknowledged that 20 per cent of the properties would be provided as affordable homes. The Secretary of State also agreed with the Inspector that the most relevant policies were those highlighting that 'Bingley will be the main local focus for housing and other facilities', with the application site included in the Strategic Housing Land Availability Assessment as providing some 440 dwellings.
While critical of a possible one way system within the development, it was noted in the final report that the site is located within reasonable walking distance of facilities and services and that accessibility can be enhanced by the provision of a pedestrian footbridge at Canal Road.
 Financial benefits for the Council were noted as positive factors including New Homes Bonus payments and increased Council Tax revenues.
The Secretary of State agreed with the inspector that the realignment of a short length of Sty Lane and the alteration to its Micklethwaite Lane junction would not comprise inappropriate development. The report concludes: “The Secretary of State hereby grants outline planning permission for 420 to 440 dwellings and full planning permission for the removal of an existing vehicular swing bridge and its replacement with a vehicular and pedestrian swing bridge over the Leeds Liverpool Canal, the provision of new accesses off Sty Lane and Micklethwaite Lane, a point of access for a pedestrian bridge near the head of Canal Road, emergency and limited access off Oakwood Drive, pedestrian and cycle access to Fairfax Road, off site highway works and the laying out of public open space.”
 

MORE TOP STORIES