A failure to secure a ‘ransom strip’ of land for pedestrian access has scuppered plans for housing development at Nunthorpe Grange.

Middlesbrough Council’s planning committee was told Persimmon Homes had carried out an “awful lot of work” to try to improve the scheme on land to the north of the Nunthorpe bypass but a single issue remained, relating to pedestrian access.

As reported, the developers had tried to secure a legal right of access over a piece of land located between the boundary of the site and the adopted highway on Nunthorpe Gardens, but an agreement had not been reached.

The meeting heard the ‘ransom strip’ in question was owned by three parties, the owners of two properties in Nunthorpe Gardens and Taylor Wimpey. A representative from Persimmon said they had tried to reach a solution but the landowner was unwilling to sell.

It was therefore not a route they could legally deliver, they said, while noting the local authority had the powers “in theory” to impose a Compulsory Purchase Order.

The developers had instead put forward a proposal to create a streetlit footway running alongside the A1043 eastwards on to a public right of way on Morton Carr Lane, which they say would be fully compliant with national guidelines.

However highways officers said this alternative route did not address the concerns raised over the lack of a connection from the proposed development of 69 homes into Nunthorpe Gardens and was unsuitable and unsafe. Chair of Nunthorpe Parish Council, Adrian Walker told the meeting on Thursday the plans failed to provide and promote sustainable travel.

He said the options suggested – either across the fields to the west or along the bypass – were “totally unrealistic and unacceptable”.

He added: “It is obvious that both of these these routes are ill-conceived, driven by the failure of Persimmon to negotiate a safe cycle way/footpath through Nunthorpe Gardens and on to Guisborough Road for the Nunthorpe facilities.”

Objections had also been raised concerning the impact of one of the proposed houses on a neighbouring home in Nunthorpe Gardens. The owner, Bill Wells, said it would result in a loss of light and overshadowing on his property, however council officers said these impacts would not be so significant as to warrant refusal.

Mr Wells told the meeting he has lived there for 22 years and has the legal right to light “by prescription” – acquisition of a right through long use. He also objects to the location of a pumping station at the site, close to one of his neighbours.

He said he was not against the principle of houses at the site, adding “I feel if we can work together and resolve these outstanding issues it would move things forward significantly.”

Nunthorpe councillor Morgan McClintock said it was up to the developer to overcome the challenges relating to their investment and not committee members.

He told the meeting: “As a private company they took a business risk when they acquired their site that they could still make a profit after paying the costs of the development. I maintain they can’t pick and choose the pros and cons of capitalism and complain that others are getting in the way of return on their investment.”

In a statement to the committee, Nunthorpe councillor Mieka Smiles said the site is “marooned” from the rest of Nunthorpe while committee member Cllr David Coupe noted residents would have to walk two kilometres to a nearby school.

“I wouldn’t like to walk along that footpath on that road on a dark, cold day and certainly would not like the thought of any children on there,” he added.

Planning officers had said, rather than use that route, residents of the houses would be more likely to rely on cars to access local services which is contrary to local and national planning policy in terms of sustainability. On this basis, councillors at the meeting unanimously refused the plans.

Following the meeting, a Persimmon Teesside spokesperson said: “We are disappointed that Middlesbrough Council officers and members couldn’t support this application.

"Rising mortgage rates coupled with the country’s shortage of new housing means people are struggling to find homes they can afford in the places they want to live.


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“This application met all relevant planning requirements and offers a mix of house sizes at price points to support local home buyers.

WWe have worked with the council for five years to design sustainable development with a network of footpaths and cycle links throughout.

“Unfortunately, the land needed for the council’s preferred pedestrian link is owned by a third party. Without access to that land, it is not possible to deliver the pedestrian link favoured by the local authority. We hope that a way forward can still be found.”