David Fielder vs HBC

It has been reported that David Fielder attempted to sue Harrogate Borough Council after they imposed the ACV in June 2017.

He claimed £711,000.00, for ‘loss of profits’ because the imposition of the ACV deprived him of ‘permitted development rights’ which would have allowed him to turn the site towards domestic dwellings. He also claimed a sum of £355,000.00 for ‘diminution of value’ for the same reason.

HBC rejected this these claims and a subsequent review upheld that ruling. David Fielder then appealed against the decision. This was heard by a Judge of the First Tier Tribunal, who on the 30th April 2019 supported HBCs case and again refused the claim.

Following subsequent representations, the same Judge refused to review this judgement on 3rd June 2019 but did allow leave for Mr Fielder to apply for yet another appeal, to the 2nd Tier Tribunal.

To date it is not known whether further legal actions have been undertaken. As decisions like this have important implications, not just for the ‘Save the Henry Jenkins’ campaign but for all other community campaigns around the whole country, if further information becomes available, we will publish it here in the “Latest News’ section on our website.