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The owner of the Henry Jenkins, David Fielder, is attempting to exploit a loophole in the law intended to protect community pubs – by rebranding the Henry Jenkins as his “estate office.”

Last week Harrogate Borough Council’s Planning Committee voted to reject plans for demolition of the Henry Jenkins and redevelopment of the site with housing. The main reason for doing so is that the council has a specific policy, called Policy CFX, designed to protect community facilities – and councillors were unanimous in deciding that in this case the terms and conditions of that policy had not been met.

They decided that planning permission for demolition/ redevelopment should be refused because: “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.”

They determined that if he wished to reapply for demolition the applicant (Mr Fielder) would need to demonstrate that he had marketed the Henry Jenkins at a price which reflects its market value – and would need to provide evidence of marketing/ advertising plus offers to buy etc.

Mr Fielder is now attempting to get round this by exploiting a loophole in the law that allows owners of pubs and community facilities to change their designated use under “permitted development rights.” Under these rights, Mr Fielder can simply notify the council that he intends to change the use of the Henry Jenkins from public house to offices – without needing planning permission. At a later date he could then theoretically apply for planning permission to demolish an “office” – which would no longer be considered as a community facility. (The fact that the building is in a dilapidated state – and its interior has been stripped out of fixtures, fittings and internal walls etc – may not prevent the Henry Jenkins from being technically designated as “an office.” )

This is not supposition or guesswork:  Yesterday new signs were put up on the Henry Jenkins saying “Fielder Estate Office.” And Harrogate Borough Council have confirmed that they have been in discussions with Mr Fielder’s agent and are expecting to receive prior notification that he intends to change the use of the Henry Jenkins under permitted development rights.

Clearly this goes against the spirit of the Policy CFX , set up to protect community facilities. It is also an attempt to frustrate the will of elected members of Harrogate Borough Council’s Planning Committee, who were concerned to ensure that every effort was made to keep the Henry Jenkins as a public house – and who raised serious questions about efforts by Mr Fielder to market it as such.

The Save the Henry Jenkins committee is urgently considering its response to the latest developments. We believe Mr Fielder’s actions are a matter of national significance because they seek to undermine established national planning policies. We are encouraged by a vote in the House of Lords last week which seeks to remove permitted development rights from pubs and we will be raising the case of the Henry Jenkins at the highest level.

Watch this space for further developments.

Following last week’s decisive rejection of plans for the demolition of the Henry Jenkins, thanks are due to everyone who has helped bring this about by voicing their opposition so strongly.

More than 90 people – almost all of them from Kirkby, Laverton and Dallowgill – registered formal objections with Harrogate Borough Council and a total of 155 people signed a petition against proposals for the pub’s demolition and redevelopment with housing. According to Harrogate & Ripon CAMRA – who registered their own objections – this was by far the biggest response in recent years to plans involving the loss of a pub.

The Planning Committee, which rejected the application with a 12-0 majority, were left in no doubt over the strength of feeling on this issue. As expressed by scores of objectors: The Henry Jenkins was a much loved and missed facility which offered something different from the Queens, it was a vital part of the community – and could be so again if it was offered for sale at the right price.

In the days before and after last week’s decision the fate of the Henry Jenkins has attracted widespread media attention, having been featured on BBC Radio York, Stray FM, the Yorkshire Post and the Ripon Gazette.

The question now is what is the best way of saving the Henry Jenkins for the benefit of the village and its inhabitants (read on…)

One option being considered is a community bid to purchase, refurbish and run it either as conventional a pub and restaurant with b&b – or as a multi-service facility offering other services which people want (for example a sub-post office, a library, a bakery, a retail outlet for local artisans, a 24-hour gym etc).

Community ownership is a viable and well-proven method of securing local services being lost in villages up and down the country – and the Government has set aside millions of pounds to help local people buy and run community pubs and shops.

The case for a community buyout and refurbishment of the Henry Jenkins has been looked at in some detail and initial inspection suggests the building is structurally sound and could be viably refurbished as a profitable multi-service facility.

Its history and its position in the centre of the village mean it would be well-placed to be brought back as a community hub – as well as having potential to pull in visitors and tourists. If done in the right way – and with the widest possible involvement of people in the village – it need not conflict with existing facilities and could benefit every one. As well as boosting income from tourism and providing local employment, it could encourage residents to socialise, go out more in the village and spend their money here rather than further afield. A revitalised Henry Jenkins could ultimately make Kirkby Malzeard a more attractive and desirable place to live in, work in and visit.

Watch this space for more information on the options for a possible community buyout.

Thanks once again to every one who has helped us get this far!

 

Plans for the demolition of the Henry Jenkins were were decisively rejected today by Harrogate Borough Council’s Planning Committee.

Councillors voted 12-0 to turn down an application by David Fielder, of Fielder Holdings, to knock down the pub and redevelop the site with housing. There were three abstentions.

Richard Sadler, from the Save the Henry Jenkins committee, addressed the committee saying this was a clear-cut case of a speculative developer from outside the area buying up a once popular and well-used community facility and deliberately degrading it.

Several councillors asked Mr Fielder, who also addressed the meeting, why he had not submitted more evidence of attempts to sell it as a going concern. He was also asked why, if he wanted to sell it, he had stripped out the interior of the building.

Mr Fielder denied that he had turned away prospective buyers. But when this question was raised by a committee member, the Planning Officer, Mrs Jan Belton, confirmed that written submissions had been received from interested prospective buyers who had tried to buy the pub.

Mr Fielder maintained that his original intention had been to keep the Henry Jenkins as a pub but that he had received no formal offers – and this was why he had stripped out the interior.

He was supported by the deputy chairman of Kirkby Malzeard Parish Council, Coun Mike Hurford, who said the parish council were unanimous in supporting the application, that the village could not support two pubs and that the Henry Jenkins would conflict with plans to develop the Mechanics Institute Village Hall.

However one councillor pointed out that other villages had successfully brought back pubs previously judged not to be viable.

And the committee’s vice chairman, Coun Nigel Simms, who represents Masham, made the point that Masham has four pubs and a number of other licensed premises and he didn’t see why Kirkby Malzeard could not support two.

The application was also opposed by Kirkby Malzeard’s ward councillor, Coun Margaret Atkinson, who said she was reluctant to go against the parish council but on this occasion she could not agree with the stance taken.

• The decision is expected to be reported in tomorrow’s Yorkshire Post and Thursday’s Ripon Gazette

 

 

 

Planning meeting today
The decision on the fate of the Henry Jenkins is being made today.

If you can be there to support, it will help show the planning committee members the support for keeping the Pub.

Please meet at 1.15pm today, Tuesday (February 28) for show of strength outside the Council Offices, Crescent Gardens, Harrogate, HG1 2SG.
Then we need to go inside in good time for for the start of the meeting at 2:00pm. There are already some spare seats going (no need for everyone to take their cars). Please email kevin@thehenryjenkins.com if you want a ride or if you have seats to spare.

PLEASE TRY TO MAKE IT IF YOU CAN – IF WE GET A GOOD TURNOUT, MEMBERS OF THE PLANNING COMMITTEE SHOULD BE IN NO DOUBT OF THE STRENGTH OF FEELING!

Cooperative Ownership Option
We have also posted an article on the website about the Cooperative ownership option that could be available if the decision to demolish is rejected today.

You can read about that in the Resources section here – http://thehenryjenkins.com/resources/the-henry-jenkins-the-community-ownership-option/