LEGAL steps are being taken against Durham County Council after planners backed proposals for huge housing estates in Staindrop and Gainford.
Parish councillors in both villages are to issue judicial review pre-action protocol letters after planning permission was granted to Raby Estates for 72 houses on land near Winston Road, Staindrop, and 79 properties at Spa Road, Gainford.
Members of the county council’s planning committee voted 4-3 in favour of the plans on the basis that they were “enabling” developments – with money raised being used to fund a revamp of the park and gardens at Raby Castle and maintenance to Gainford Hall.
Both Gainford and Staindrop parish councils opposed the housing schemes, and having sought legal advice, have now taken the next step in attempting to halt the proposals.
An extraordinary meeting of Staindrop Parish Council was held this month when the issue was discussed in private.
A statement released after the meeting said: “The parish council has concerns about the procedures and legalities in relation to the decision-making process and unanimously decided to seek a barrister’s opinion on the prospects of a judicial review.
“Following the advice of counsel, the parish council has resolved, as a first step, to write to Durham County Council requesting that the permissions are not issued and that this will be followed up with a formal Judicial Review pre-action protocol letter setting out the parish council’s case in full.”
The issue was also discussed in private by members of Gainford Parish Council at their regular monthly meeting on Wednesday, January 6.
Chairwoman Cllr Lisa Johnstone said: “Gainford and Langton Parish Council voted unanimously at an extraordinary meeting on December 18 to seek initial legal advice in order to ascertain the potential of successfully challenging the approval by Durham County Council.
“The council further discussed the decision and we will be issuing a formal pre-action protocol letter to Durham County Council setting out the parish council’s case in full.”
A pre-action protocol letter sets out the decision being challenged, a clear summary of the facts and the legal basis for the claim.
Stuart Timmiss, head of development and housing at Durham County Council, said: “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.”
Raby Estates, meanwhile, has issued a statement to counter claims that there is a lack of support for its housing plans.
It states: “The approval of the planning applications for Raby Castle, and the residential developments at Staindrop and Gainford, concludes a robust and transparent process which has involved extensive collaboration and consultation with Durham County Council, Staindrop and Gainford parish councils, and local residents.
“The planning application was underpinned by a programme of community engagement, with Raby’s design team sharing their proposals with residents, discussing them in person, listening to concerns and sharing the thought process behind the designs. During public consultation events, a majority of people were in support of the proposed development in Staindrop, saying the village needed more housing to sustain services such as schools and shops.
“Many positive comments from local residents in support of the residential development were received in writing.”
The statement adds: “In addition to securing the long term sustainable future of several historic buildings, the development at Raby Castle will be transformational for the region, creating job opportunities and driving economic growth within the County Durham leisure and tourism sector.
“Raby remains committed to working constructively with local residents and stakeholders to secure an enduring legacy for both the estate and the local community.”
