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Third planning application

The third planning application since the Pub was bought by David Fielder has now closed for submissions.

The planning application is almost identical to the second application in April (which was refused) and is for planning permission for residence in the left hand section of the Henry Jenkins that has been cut off and sold by David Fielder.

David also strangely left a bit of land across the entrance to the car park and a strip of land across the back with the title of the remaining Henry Jenkins so that there is no access to the land without the permission of the owner of the remaining land. He has also put a covenant on the land sold that it is not able to be used as a Pub.

Submission to the planning application state that this is to stop any competition for a Pub being put there in the future. A bit strange considering that David Fielder has been campaigning constantly that having two Pubs in the village is not viable.

Covenants can be removed in the future if the Community purchases the Pub, so not too much of a hindrance, but selling a piece of land without access and covenants on it that are directly related to the Henry Jenkins is a bit irregular to say the least.

The Henry Jenkins Community Cooperative (HJCC) and members and general public have made submissions.

There have been over 50 letters of objection and 1 supporting letter.

Since there has been very little change in this application from the last one, (pictures and plans identical) we are optimistic that the application will be reflected again, although we wait patiently for the outcome.

You can read much of the documentation on the third application on our page as well as a link to the Harrogate Borough Shire site where all the document have been published.
http://thehenryjenkins.com/timeline-of-events/third-planning-application-november-2018/

The Henry Jenkins: It could be a great community asset again

In a significant decision, Kirkby Malzeard Parish Council has this week accepted that the majority villagers support plans for the regeneration of the Henry Jenkins.

At a packed public meeting on Tuesday – called to discuss the future of the Henry Jenkins – the Parish Council raised  some questions about the methodology of HJCC’s Opinion Survey, which suggests that 78% of householders support HJCC’s plans for a community-owned pub, bistro and coffee shop with b&b. However they have issued a statement saying: “The responses so far do however indicate that the majority of residents support the re-opening of the whole building as a pub with ancillary uses.”

The Parish Council – which recently appointed four new members – also accepted that, while a revived HJ would complete to some degree with the Queens, this wouldn’t necessarily be a bad thing.

“It was agreed that …if the Henry Jenkins were to re-open it would to some extent compete with the Queens Head but that this competition might also have some positive benefits for residents.

“The Parish Council does have a responsibility to protect local businesses and values existing businesses such as the Queen’s Head but whilst we want to ensure their successful future, we accept that this does not preclude accepting competition.”

We remain hopeful that in future everyone in the village can work together to help improve our community through the regeneration of the Henry Jenkins as a new and exciting amenity that  provides more choice for local people, helps to pull in visitors – and complements much-valued existing facilities such as the Mechanics and the Queens. 

Please register your objection to the latest plans to break up the pub – see below. (It should only take you only 10 minutes!)

The Parish Council’s comments were made as part of their response to HJCC’s  renomination as an Asset of Community Value that part of the HJ recently sold by David Fielder to one of his associates.

The Henry Jenkins was listed as an Asset of Community Value (ACV) in July, 2017, following a long campaign by HJCC , demonstrating that the pub has been a hub of the local community for at least 190 years – and that many local people and community groups would like to use it again.

However because of a loophole in the law governing ACVs, it appears that when part of an ACV is sold, that part may have to be automatically delisted (and this is what Harrogate Borough Council have done in this case).

We maintain that the fact that part of the property has been sold is irrelevant: The pub in its entirety remains an important community asset for all the reasons set out in our original ACV nomination.  A decision on whether to relist the entire pub as an ACV is expected next month.

Plans to convert part of the historic Henry Jenkins Inn to housing have been resubmitted – in another attempt to sidestep planning controls designed to protect community facilities. 

In June an application to downgrade part of the pub – including the restaurant area, part of the lounge bar,  landlord’s living quarters above and most of the car park and beer garden – were dismissed by Harrogate Borough Council following more than 60 objections.

The decision notice states: “The proposal would result in the loss of a community facility (public house) thereby reducing the variety of locally based community facilities to the detriment of meeting the present and future social needs and aspirations of this rural community.”

It adds: “No evidence has been submitted to demonstrate that the existing or alternative community use would cause unacceptable planning problems … or that there is no reasonable prospect of the use continuing on a viable basis or of a satisfactory alternative community use being secured.”

Now the same application has been resubmitted. The applicant’s letter argues permission should now be granted because:

• The pub’s been been standing empty for so long 
• There hasn’t been a firm offer to buy it (not true – HJCC made a fully-funded offer to buy the HJ in December)
• There are plenty of other facilities in the village and “there’s no evidence the community cannot meet it’s day to day needs” 

This is just another attempt by Mr Fielder to frustrate the wishes of local people and bypass planning policies designed to protect amenities in rural communities:

• He has trashed the interior of the pub, allowed the outside to fall into a ramshackle state and rejected numerous approaches from private buyers
• In December 2016 he submitted plans to demolish the pub, claiming it was no longer viable (His plans were rejected)
• In March 2017 he rebranded the pub as “offices” in an attempt to exploit a planning loophole that would have allowed him to demolish it anyway
• In December 2017 he rejected HJCC’s offer buy the Henry Jenkins for £180,000 (its full market value determined by a professional Valuation Report)   

* The plan will be discussed by Kirkby Malzeard Parish Council tomorrow (Mon)  

A new nomination has been submitted for the whole of the Henry Jenkins to be relisted as an Asset of Community Value (ACV). The pub was listed as an Asset of Community Value  in July, 2017, following a long campaign by HJCC , demonstrating that the pub has been a hub of the local community for at least 190 years – and that many local people and community groups would like to use it again. Earlier this year Mr Fielder sold off part of the pub to an associate – the part that he’s now trying to downgrade as residential. Because of a loophole in the Localism Act, it appears that when part of an ACV is sold, that part may have to be delisted … and this is what Harrogate Borough Council have done. Now  HJCC have formally applied for this part of the pub to be relisted. We argue that the fact that this part has been sold off is irrelevant: The pub in its entirety remains an important community asset for all the reasons set out in our original nomination. If anything the case for protecting it has now become even stronger – as more and more local people have backed plans for a community buyout. This is supported by the recent dismissal of an appeal by Mr Fielder against refusal of his original planning application to demolish the pub. In his letter of dismissal, the Government Inspector stated: “What the work of the HJCC shows … in the shape of the level of interest, the money that has been committed and the initial national funding secured is that there is not only a clear demand and strong willingness to re-use the HJ for community purposes but also the proverbial money being put where the mouth is.” He added that he saw no reason why a regenerated Henry Jenkins could not co-exit beside the Mechanics Institute (something HJCC has always maintained).