Villages seek judicial review against Staindrop and Gainford houses

Many residents of Staindrop and Gainford, in County Durham, opposed plans by Raby Estates to build a total of 151 new homes on land it owns at both villages.

Objections included the loss of greenfield land, building outside the settlement boundaries, road safety and flood risk but, in December, planning permission was approved for 72 houses at Winston Road, in Staindrop, and 79 off Spa Road, Gainford.

The housing schemes got the green light from Durham County Council on the grounds they were ‘enabling developments’ that would pay for work at Raby Castle, Park and Gardens – which aims to become one of the region’s leading tourist attractions – and restoration of Grade I listed Gainford Hall.

• New houses to fund work at tourism spot Raby Castle

Staindrop Parish Council now seeks a judicial review to challenge the lawfulness of the decision and wants to raise £10,000 towards it, by March 24.

A similar move by Gainford and Langton Parish Council has been called in, so will be debated again at an extraordinary meeting on Thursday.

Chairman of Staindrop Parish Council, Councillor David Reed, said: “As with many residents of Staindrop, parish councillors are in favour of the developments at Raby Castle, Park and Gardens, but we object to how the housing developments are being used to fund the work.”

Yesterday, Raby Estates said it wants further talks with both communities and it would “spare no effort in trying to find a resolution to any local concerns”.

If the parish councils do apply to the High Court for a judicial review they will argue that planning committee members had insufficient information and guidance to judge whether ‘enabling development’ – which allows planning authorities to approve schemes which would not normally be allowed because they will secure a heritage asset – was justifiable and appropriate in this case.

Staindrop Parish Council said each parish council has money set aside for legal fees, and £6,300 has already been spent on advice, but the cost of a judicial review would be significant.

A spokesperson said any unused donations made via its website would be returned.

Duncan Peake, chief executive of Raby Estates, said last night: “During the public consultation late last year, the majority of residents supported the housing and the tourism development which will provide a real economic boost to the area.

“Some villagers in both locations have raised points of detail about the housing development proposals and we are keen to discuss those further with the communities as well as the parish councils.

“The proposed housing is designed by a leading and nationally-recognised architect and we have gone to great lengths to ensure that the scheme is sympathetic to the heritage of both villages.

“We are anxious that the support this has received from thorough public consultation continues to be reflected in the local public debate over the proposals.

“We have written to both parish councils today and hope to be invited to contribute to a special meeting of Gainford Parish Council this week.

“We will spare no effort in trying to find a resolution to any local concerns.

“The cost of a judicial review would be very substantial for all concerned and if there is a solution to be found then we will do everything we can to help achieve it.

“We are grateful for the widespread support we have received to date.

“At the public consultation: 69 per cent of feedback form responses were in favour of new housing in the village; 97 per cent were supportive of our proposals to restore Gainford Hall; and 82 per cent were in favour of the proposals to the castle.”

Stuart Timmiss, head of development and housing at Durham County Council, said: “We are committed to driving economic development and the development of new housing across County Durham.

“The application brings forward a significant visitor attraction in County Durham with the jobs and spend associated with this.

“There are always difficult balances and judgement in delivering our key strategies and the priorities set out by the Council Vision and Housing Strategy, but we remain committed to working with our communities in ensuring that all opportunities are fully explored in driving the county forward.

“We are aware of the concerns expressed by Staindrop Parish Council and Gainford and Langton Parish Council and are engaged in correspondence with their legal representatives with regard to these matters.”