St Modwen’s attempt to appeal to the Supreme Court refused.
|October 24 - 2017
The appeal by St Modwen was dismissed
by the Court of Appeal in its entirety.
|June 4 - 2017
Court of Appeal considers it verdict.
St Modwen to go to the Court
of Appeal against High Court decision
28 - 2016
High Court dismisses the appeal
A hearing (in the Administrative Court at Leeds) was held
on the 28th and 29th January 2016, when it considered the
validity of the Secretary of State’s decision which
St Modwen is seeking to quash.
statement by ERYC (pdf file)
lodges an appeal at the High Court
The Secretary of State dismisses both appeals relating to
the proposed development of 510 or 390 dwellings at Melton
Amongst the reasons for refusal are;
* Development would be in conflict with the emerging East
Riding of Yorkshire Council (ERYC) Local Plan
* No pressing need for additional housing above that proposed
in the emerging ERYC Local Plan
* A significant diminishment of available land for employment
* The urbanising influence on the character of North Ferriby.
report is 178 pages long.
To read the Inspector’s full report (pdf file - 1.54Mb)
See also Atkins
Atkins Report 2
Investigation Report (including Fugro report)
The cost of fighting appeals to date have cost ERYC £169,
Yorkshire Post (pdf)
Owing to the need for further information on the two planning
appeals for Melton Fields, the target date for the decision
by the Secretary of State was moved to after the May General
The inquiry reconvened at County Hall, Beverley on the 6th
August and was completed on the 8th August.
May - 2014
The public inquiry into the appeals against the developments
at Melton Fields was adjourned.
Parish Council thanks all who attended the public meeting
at the Hallmark Hotel on 20th May and those residents who
made their views known so effectively to the Planning Inspector.
May - 2014 Parish Council
Vice Chairman John Halmshaw presents a very detailed submission
at the hearing
May - 2014 Submission by Ward
Councillor Julie Abraham
May - 2014 - Local hearing granted for 20 May at Hallmark
April - 2014 - Appeal hearing commences at County
April - 2014 Provisional Timetable for the appeal published
April - 2014
An Inspector has now been appointed by the Planning Inspectorate
to hear the two appeals. The Inspector has suggested that
the Parish Council establish if any resident wishes to address
the Inspector during the course of the enquiry.
The Parish Council was advised by the East Riding of Yorkshire
Council (ERYC) that both appeals in respect of the two applications
for development at Melton Fields, submitted by St Modwen Developments
Limited will be heard together.
Statement by Parish
Town and Country Planning Act 1990 - Planning Appeal
- We have been advised that an appeal has been made to the
Planning Inspectorate in respect of the second application
by St Modwen Developments Limited, relating to the proposed
developments at Melton Fields. This includes the proposal
for development of up to 390 dwellings and other structures.
The Parish Council responded to the Planning Inspectorate
objecting to the development and registering our intention
to speak at the appeal hearing.
Parish Council's response to the proposed venue for
appeal in April with a request for a local hearing and other
to Residents (pdf file)
to ERYC (pdf file)
to Planning Inspectorate (pdf file)
ERYC refuse application for 390 houses at Melton Fields. Following
representation by residents and Councillor Julie Abraham speaking
on behalf of ward councillors and North Ferriby and Welton
parish councils, the planning application for 390 homes at
Melton Fields was refused. The applicant, St Modwen Properties,
has the right to appeal the decision.
planning website reference 13/02860/STOUT
|20 Jan 2014
Date of Appeal announced with reasons
for selection of Venue
This additional information was
considered by the Parish Council at its planning meeting
on 13th January. We recommended unanimously that as well
as refusing the second application, all of the options proposed
should not be considered by the Local Planning Authority.
In addition, on 23rd December, we received
notification from the ERYC that in October 2013 they had
reached agreement with the applicant that items 4 and 5
of the Local Planning Authority’s reasons for refusal
can be dealt with by appropriate conditions. Reason 4 relates
to noise and disturbance.
Reason 5 relates to the incompatibility of residential accommodation
for the elderly on such a site.
These agreements have been made
without consultation with the two Parish Councils or the
local community. This aspect was also considered by the
Parish Council at its planning meeting on 13th January.
We consider that the basis on which these agreements have
been reached are ill founded and ignore community interests.
We requested that the Planning Inspector allows the consideration
of these two matters at the Inquiry.
letter to the Local Planning Authority of the ERYC can be
Our letter to the Planning Inspector
can be viewed here
|Dec 31 2013 Melton
Fields Additional Information.
On 18th December the agents
for St Modwen submitted to the East Riding of Yorkshire Council
(ERYC) additional information in relation to their last planning
application which has yet to be determined by the ERYC. This
can be found on the ERYC planning website under reference
13/02860/STOUT. The document is titled “Planning Update
Statement”. The statement seeks to rebut the five reasons
given for refusal of their original application and amongst
other issues it proposes two sets of options. Included in
these options are proposals for affordable housing, education
contributions, transport, open spaces and care provision.
Included in the second option
is the statement “Infrastructure contribution. Provision
of £6million index linked for the provision of a bride
(bridge) for vehicular traffic over the railway to the south
of the site together with a mechanism for the transfer of
the land in St Modwen’s ownership on either side of
the railway line which is necessary for the footings of
the bridge.” Included in the summary to the options
is the statement “………As a result
our client is able to contribute £6 million to the
delivery of highway infrastructure to make the land south
of the railway accessible for major development”.
This new development will be considered
by North Ferriby Parish Council and we will keep you up
to date with future developments.
|Nov 20 - 2013
Appeal deferred until April 2014
The planning appeal for 510 houses in Melton, scheduled to
commence on 19th November, was, after two days of preliminary
legal deliberations, deferred until 29th April 2014. It was
decided by the planning inspector that a venue in North Ferriby
could be considered for the hearing and East Riding of Yorkshire
Council will now look into the suitability of available accommodation
and advise the inspectorate accordingly. The parish council
will continue to inform residents via its website and give
an update in its Spring newsletter. In the meantime the second
planning application, which is for 390 new homes, remains
on the table and will be determined by East Riding Council
in due course.
The Chairman and Deputy Chairman of
North Ferriby Parish Council attended the hearing. The
Chairman made oral representations to the Planning Inspector
on both days relating to the venue of the hearing being
held at North Ferriby and that the evidence should be
heard complete as opposed to it being held in two parts.
This followed written representations to the Inspector,
on the issue of the venue, made by the Ward Councillor
and the Chairman of North Ferriby Parish Council prior
to the opening of the hearing.
Oct 16 - 2013
North Ferriby Parish Council have
raised an issue pertaining to the latest application from
St Modwen and the original application currently under appeal.
The documentation we have seen contains NO
ENVIRONMENTAL IMPACT ASSESSMENT. We believe
that this is required under the Environmental Impact Assessment
Regulations 2011. See
detailed explanation (pdf file) See
RH Column for letters relating to this issue
Ferriby PC letter to Planning Inspectorate 16 October 2013
Ferriby PC letter to Alan Menzies Director of Planning &
Economic Regeneration ERYC 16 October 2013 (pdf file)
Ferriby PC letter to Peter Ashcroft Head of Planning and
Development Management ERYC 16 October 2013 (pdf file)
St Modwen submits a revised application. Comment
from Ferriby Parish Council - It appears that the
proposed number of houses has changed from 510 to 390 and
that part of the land is now to be allocated for employment
use. We will provide further information when we have it
Residents who wish to comment on this application can do
so on East Riding Of Yorkshire Council website using the
application number shown. See also Sept
26 Statement by Ferriby Parish Council (pdf file)
13/02860/STOUT (Re - submission of 12/04849/STOUT)
Riding Planning Public Access
Appeals Procedures Guide &
Planning Inspectorate Appeals webpage
|Sept 18 2013
Appeal date is announced
appeal was heard on Tuesday, 19th November 2013 at 10 am at
County Hall, Beverley.
The appeal decision is to
be finally decided by Eric Pickles (Secretary of State for
Communities and Local Government). This is triggered because
of the size of the site and the number of houses proposed.
The planning inspector will only make a recommendation to
The time for responses to
the inspector who will hear the appeal has now expired. The
response of Ferriby Parish Council to the inspector is shown
in the column to the right. This is supplemental to the PC
original objections submitted to the East Riding of Yorkshire
Council. Ward and Parish councillors have taken up the issue
with David Davis MP, who has subsequently written to Eric
Pickles giving his full support to the East Riding of Yorkshire
Council’s refusal of the planning application
|18 July 2013
Ferriby Parish Council held an extraordinary meeting to determine
its response to this appeal application. The
Parish Council RESOLVED to:
Note the reason for refusal of the planning application
as determined by East Riding of Yorkshire Council
Note the grounds of the appeal indicated by St Modwen Developments
Agree to maintain its opposition to the application on the
grounds previously determined
Make arrangements to attend any appeal hearing as an interested
party in order to put forward its case against the application
at the appropriate time
Propose a working group to prepare for the appeal which
is given the authority to respond to any deadlines comprising
of Councillors Mabbett, Halmshaw, Abraham & Payne
Make a verbal representation before the Planning Inspectorate
at the appeal hearing on a date to be decided.
grounds identified by St Modwen for the Appeal
(Item H on the Appeal
Form (pdf file)
|1 July- 2013
St Modwen submit an appeal against
Form (pdf file)
May - 2013
East Riding of Yorkshire Council Planning Committee refuse
the St Modwen planning application
15 - 2013 Amended Plans
Modwen have submitted amended plans and that ERYC is notifying
those members of the public who have submitted comments the
main differences are:
1. 600 dwelling becomes 510 dwellings
2. 100 bed care home becomes a 50 bed care home
3. Inclusion of 16 dormer bungalows for the elderly.
Amended Plans (pdf file)
January - 2013 North
Ferriby Parish Council held an extraordinary meeting to determine
its response to this application. Residents were welcome to
attend and addressed the Parish Council during the first part
of the meeting. The Parish Council then voted unanimously
to recommend that ERYC Planning Authority reject the application.
The Parish Council's full response to the Authority was then
Nov - 2012
Initial application by St. Modwen submitted to ERYC
No 12/04849/STOUT OUTLINE - Residential Development of up
to 600 dwellings, 100-bed care home, 20 sheltered apartment
units for elderly persons, a local centre maximum 680sqm
(total internal floor area) to include retail; community
and leisure uses within use classes A1,A3,A5 and D1, informal
and formal recreation open space including children's play
areas and sports pitches, sports changing block, landscaping,
drainage works including ponds, cycle way and footway links,
new highways access, internal roads and car parking area
(access to be considered) at Land To The North Of Monks
Way East, And East And West Of Brickyard Lane, Melton, East
Riding Of Yorkshire, HU14 3HB for St Modwen Developments
Riding Planning Public Access
|April - 2012 Details
emerge of possible development on Melton Fields. Ferriby Parish
Council monitors the situation closely but can only act formally
when a planning application is received.
by Parish Council Chairman (pdf file)
provided by ERYC (pdf file)