Local Green councillors and Member of Parliament Tom Gordon have called for key decisions on the Harrogate Spring Water planning application to be made publicly by the Planning Committee.
It comes after council officers issued a screening opinion concluding that an Environmental Impact Assessment (EIA) is not required for the scheme.
Two Green Party councillors have now formally requested that the remaining key decisions are determined by the Planning Committee, rather than under officers’ delegated powers.
Councillor Mike Schofield (Green Party – Harlow and St George’s) and Councillor Arnold Warneken (Green – Ouseburn Division) have written to the council’s Head of Development Management, Martin Grainger, and the Chair of the Planning Committee, Chris Aldred.
They argue that an outstanding planning condition relating to ecological matters should be decided by elected members in public.
The councillors say the issue centres on whether environmental information should be provided before or after the Planning Committee considers the application.
They believe councillors cannot make a fully informed decision without sufficient environmental information.
Lawyers advising campaigners have argued the current approach is not lawful, while council lawyers maintain that it is.
Campaigners say, where legal opinion differs, the decision should be made by councillors rather than officers.
Outline planning permission for the scheme was granted in 2017.
However, a detailed application was deferred by the Planning Committee in October last year because further information was requested.
The screening opinion concluded that an Environmental Impact Assessment is not required, despite the removal of woodland described as around 20 years old.
Campaigners have questioned whether that conclusion is appropriate if some environmental information has not yet been submitted.
They also state that outline permission was granted without ecological surveys such as tree and bat assessments.
They say that although the current application was submitted in 2020, it remains undecided.
Campaigners further claim that more than 500 trees have been felled without a full tree survey being submitted.
They add that while the site is in an area known for natural springs, the application does not include a drainage plan or surveys assessing potential impact on the local water system.
Councillor Schofield said:
"This has been with officers long enough. Residents have made their feelings clear that this is the removal of a community asset that they love and use.
"So much is at stake, and so many procedural flaws have come to light that it’s only fair and just to bring the remaining key decisions to the planning committee to decide whether the information provided is satisfactory and does actually do what the conditions in the outline permission were designed to do.”
Councillor Warneken added:
“A site with springs and wet woodland isn’t just ‘green space’ — it’s a living water system.
"Disturbing it without thorough investigation risks damaging something that can’t easily be restored or replaced, which is why these sites are often considered candidates for detailed environmental assessment.
"We cannot ignore that this is one of the most controversial development proposals in Harrogate’s history, impacting on its heritage as a spa town, stripping us of our natural assets”.
Harrogate and Knaresborough MP Tom Gordon has also supported the request for the decision to be considered in public.
He said:
"This is a controversial application with many issues - not least that North Yorkshire council receives an annual levy from Harrogate Spring Water’s revenue, and that same council is deciding whether they should extend their factory.
"That is a conflict of interest that warrants making decisions in a way that’s fully transparent.
"Given the strength of opinion of Harrogate residents, I support this request for the decision making process to be held in public.”
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