A COUNCIL may have to agree to a development it does not want because there is no legal reason to refuse it.

At a meeting this week, members of Hambleton District Council's planning committee refused to approve plans for 14 new houses in Quaker Lane, Northallerton. But as no technical justification for refusal exists, council officers have recommended approval.

This was despite noting that 14 houses is a "particularly high" number of dwellings per hectare and that the road would be left 12 car parking spaces short.

Planning committee chairman, Councillor Geoff Ellis, said: "This should be refused. It's grossly over-developed and so far out of sync it's incredible."

But planning officer Maurice Cann and council solicitor Martyn Richards said refusing the proposal could be risky. If the application was rejected and the applicant appealed, the council could incur a penalty cost if it was found to have acted unreasonably.

Councillor David Smith said it was a risk that members should not be taking as custodians of public money.

The committee voted to defer their decision.

Northallerton Town Council and residents have also voiced concerns about the development.

They argue that it would affect highway safety and potentially cause flooding and sewerage problems.

Northallerton Town Councillor Geoffrey Davey said: "We consider this an over-development and there is already an enormous amount of congestion of traffic in Quaker Lane - some call it a rat run."

He said additional vehicles using the area would only add to congestion, and as there had been flooding in the area in the past Coun Davey believed more houses would only make the problem worse.

Quaker Lane resident and district councillor, John Coulson, expressed his reservations via a letter to members, but was not part of the debate having declared an interest.

The applicant's agent spoke for the plan saying: "I understand residents' views on parking, but the use of the site for parking is on an informal basis and there is no legal right to park there."