Following a very successful Residents Meeting on the 3rd June, (review below) a Public Meeting has been arranged for 17th June to answer questions and discuss the information from the speakers.

This meeting will take a slightly different format to the residents meeting.
The answers to questions posed at the residents meeting and subsequent feedback will be covered, representatives from CAMRA and another community pub will be available to answer any questions, and it will be another opportunity to ask any questions about the business plan.

It is being held at the Mechanics Institute in the main street of Kirkby Malzeard and starts at 7PM.

 

Past Residents Meeting Summary

We were thrilled by the turnout at the public meeting on Monday night.
Speakers came from across North Yorkshire to share their experiences of Community pubs.

The George and Dragon at Hudswell, which has been established for nearly a decade, shared their story of nationwide industry awards glory and successful local community projects, adding to their beautiful Swaledale location.

The Green Dragon at Exelby, recently opened as a community pub, shared their experiences of getting their project off the ground and making their first steps in the running of a community pub.

Locality, a charity that provides support to community run initiatives, outlines what they can do; in fact Sophie, the Locality rep, has been so inspired by our campaign, that she is now spearheading a team mounting their own campaign in her own village in North Leeds, to save their local pub.

Representatives from CAMRA highlighted why community pubs work in a market where many PubCo run establishments are failing, and were able to answer lots of questions from the audience.

The overwhelming sentiment from the meeting was that this project has every chance to be a huge success in a village like Kirkby Malzeard, all we need is your support.

An important residents meeting has been arranged by the “Henry Jenkins Community Pub” public benefit Society to explain the latest developments in the campaign to acquire and develop the Pub.

The meeting is this coming Monday – 3rd June at 7PM in the Mechanics Institute in the main street of Kirkby Malzeard.

The meeting is open to residents to present a number of guest speakers and then ask questions from the speakers.

The speakers are both from the Henry Jenkins Community Pub group and from other Community Pub committee and Community Pub support groups.

Please note. The meetings is for residents only (those who permanently reside in the Village and surrounding areas serviced by the Pub) to enable a Q and A directly relevant to the residents.
Also note – There is a follow up Public Meeting on 17th June in the Mechanics to discuss further the issue.

The Full list of speakers and times are:

1900	Chris Martin	Meeting Chairman	Welcome and H and S description. Introduction	HJ Slide	5	19:05
19:05	Dave Robinson	HJCP Ltd	Welcome and history. Speaker intro	6 Slide	10	19:15
19:15	John Walker and Peter Simpson	Green Dragon	Background and story to date	Slides?	12	19:27
19:27	Chris Martin	Chair	Intro to next speaker		1	19:28
19:28	Jamie Edgard	George and Dragon	Background and story to date	Slides?	12	19:40
19:40	Chris Martin	Chair	Intro to next speaker		1	19:41
19:41	Dave Robinson	HJCP Ltd	Description of Rebuild/Refurb plans	5 Slides	10	19541
19:41	Chris Martin	Chair	Intro to next speaker		1	19:52
19:52	Bryan Pool	HJCP Ltd	Business Plans and CSI.Intro to next speaker	Slides	15	20:07
20:07	Sophie Michelena	Locality	Description of Locality etc.	Slides?	10	20:17
20:17	Chris Martin	Chair	Chair	Intro to break	1	20:18
20:18	BREAK				17	20:35
20:35	Chris Martin	Chair	Intro to next speaker		1	20:36
20:36	Nick Lowe	CAMRA	Overall view village, Pubs, competition, sustainability.		10	20:46
20:46	Chris Martin	Chair	Intro to next speaker		1	20:47
20:47	Dave Robinson	HJCP Ltd	Special case – awkward developer. Intro to next speaker		3	20:50
20:50	John Walsh	Hollywell Inn	The Story and the CPO. Intro to next speaker	Slides?	15	21:05
21:05	Dave Robinson	HJCP Ltd	Elephant in the room. Won’t sell. CPO endgame. Wrap.		10	21:15
21:15	Chris Martin	Chair	Introduction to Q and A session.	Slide?	44	22:00

An application by Justin Claybourn, owner of the left wing and car park section of the Henry Jenkins has had his second planning application for conversion to a house refused by the planning department of Harrogate Borough council.

The refusal was mainly due to it being a community facility in the past and could be in the future.

A summary of the decision is below, or you can download a 20 page (pdf) detailed report on the application and the refusal Details Second planning refusal annex.

———————————————————————————————————————-
APPLICATION NO: 6.24.58.G.FUL
LOCATION: Henry Jenkins Inn Main Street Kirkby Malzeard North Yorkshire HG4
3RY
PROPOSAL: Conversion of part of a public house and flat to create 1 no. dwelling.
(resubmission)
APPLICANT: Mr Justin Goodworth Claybourn

COMMENDATION
That the application be REFUSED. Reason(s) for refusal:-
1 The proposal would result in the loss of premises last used as a community facility (public house) thereby reducing the variety of locally based community facilities to the detriment of meeting the current and future social needs of this rural community.

No evidence has been submitted to demonstrate that the existing or alternative community use would cause unacceptable planning problems, that a satisfactory replacement facility is provided, or that there is no reasonable prospect of the use continuing on a viable basis or of a satisfactory alternative community use being secured.

The proposal is therefore contrary to the provisions of Local Plan policy CFX. In addition, the proposal is in conflict with paragraph 92 of the National Planning Policy Framework as the scheme would not guard against the loss of valued facilities and services. This adverse impact would significantly and demonstrably outweigh the benefits of providing one new dwelling.

Two Pubs in the UK, the Holywell Inn, Calderdale,  and the Rising Sun Pub, Woodcroft, have been purchased by their local Council for sale back to the community. This has occurred because the owners were delaying efforts to put the Pub back into community use.

Powers under section 226 of the Town and Country Planning Act 1990 allow Council to Compulsory purchase Pubs where the owner is unwilling to sell and the building has been, or could be, of benefit to the community.

This sets a precedent around the country for Pubs in similar situation to the above Pubs (hint – The Henry Jenkins) for approaching their local council about a Compulsory Purchase Order (CPO).

The /Henry Jenkins Community Cooperative (HJCC) is looking closely into the requirements for application to the Harrogate Borough Council.

You can read more about it on our website page – COMPULSORY PURCHASE ORDER (CPO)

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).

Plans to downgrade part of the historic Henry Jenkins Inn to residential have been refused following more than 60 objections.

Only three people supported the application … and one of those was David Fielder, the Goole-based property developer who bought the property in 2012 – and who has since allowed the property to fall into a dilapidated state.

See Notice of Planning Refusal here

Thank you to every one who registered their objection – your action could be instrumental in helping to save the Henry Jenkins as a valuable community facility for future generations!

The decision notice from Harrogate Borough Council 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, that a satisfactory replacement facility is provided, or that there is no reasonable prospect of the use continuing on a viable basis or of a satisfactory alternative community use being secured.”

The Henry Jenkins Community Co-operative is now planning to make a formal request to the council to begin proceedings for a compulsory purchase.

The council has a duty to consider requests for compulsory purchase from community groups – especially in situations where the owner is unwilling to sell – or where empty properties are blighting the local environment. 

We are grateful to the council for its robust response in upholding planning policies designed to protect community facilities – however further action is now needed to break the deadlock.

Local councils have powers to make compulsory purchases under the 1990 Town and Country Planning Act  Under  Government planning guidance they have a duty to consider and formally respond to requests from community groups. The guidance states: “Local authorities should consider all requests from third parties, but particularly voluntary and community organisations … which put forward a scheme for a particular asset which would require compulsory purchase.”  It adds that councils should consider requests to use its compulsory purchase powers for community assets “that are in danger of being lost where the owner of the asset is unwilling to sell.”

It has been well documented that Mr Fielder has rebuffed at least three approaches from private prospective buyers who wanted to refurbish the Henry Jenkins as pub and restaurant.

In December he rejected a fully-funded offer from HJCC to to buy the pub for £180,000, its full market value as determined by a professional Valuation Report.  Mr Fielder has since stated publicly that he wants no further dealings with HJCC – despite the fact that our plans to regenerate the Henry Jenkins as a community-owned bar and bistro/ coffee shop are supported by the overwhelming majority of local residents.

We will be arguing that this is precisely the situation for which use of compulsory purchase powers is intended under national planning guidance. If the council does not step in, Kirkby Malzeard’s Main Street could be blighted by a disreputable, ramshackle property for many more years to come.

Parish Council members have resisted calls to carry out a policy review  – following fierce criticism of their past support for plans for the demolition on of the Henry Jenkins.

More than 20 parishioners attended a heated meeting of Kirkby Malzeard Parish Council on Monday – the first to be called since last week’s decision by a Government Inspector to dismiss Mr Fielder’s appeal against refusal of planning permission.

There was  outspoken criticism of the Parish Council, who supported Mr Fielder’s original plans to demolish the Henry Jenkins and redevelop the site with housing – and continued to support his plans after planning permission was refused.  It was suggested the Parish Council had still not shifted its position, one parishioner called on councillors to resign en masse and at one stage the meeting was suspended.

Speaking for the Henry Jenkins Community Co-op, Richard Sadler said the chances of Mr Fielder ever getting permission for his original plans were now very remote – but there were concerns that he would sit on the pub, continue to refuse offers to buy it and allow the building to remain in a ramshackle state for years to come.

Mr Fielder was asked by councillors if he would be prepared to enter into negotiations with HJCC, who made a fully funded offer to buy the Henry Jenkins in December.  However, he said he “did not trust” members of HJCC and would be proceeding with plans to split the property into three and sell off the “flat” on the first floor. As an Asset of Community Value, the Henry Jenkins can only be sold as a community facility and any change of use would require planning permission. Mr Fielder, whose position and general attitude was criticised by several parishioners, declined to elaborate on how he would sell parts of the Henry Jenkins or who he would sell them to.

In response to charges of bias, several councillors spoke to say there was no secret agenda and that they were trying to be even handed. The chairman, Howard Mountain, said everyone agreed that it was in no one’s interests for the Henry Jenkins to be left to deteriorate. However he said there would be no review of the parish council’s position until after  local council elections in May.

The Parish Council was presented with the latest interim results of an Opinion Survey being carried out by HJCC volunteers in Kirkby, Laverton and Dallowgill. Of 170 forms returned so far, more than three quarters of respondents support plans for a regenerated Henry Jenkins, based around the proposed core business of a family bistro, coffee shop and real ale bar. Once the survey has been completed forms will be handed to the Parish Council for verification.

Last month a Government Planning Inspector, John Morrison,  dismissed an appeal by Mr Fielder against Harrogate Borough Council’s decision to refuse panning permission for the demolition of the Henry Jenkins.

He said the decision was in line with national and local planning policies designed to ensure there was a broad range of facilities in rural communities. He added that he was not convinced that the potential re-use of the Henry Jenkins as a going concern had been sufficiently investigated – and that the owner had left the building in “very oppressive, dark and sorry state.”

Study Tour of Community-owned Pubs

Supporters of plans for the regeneration of the Henry Jenkins will this month begin  fact-finding tour of community-owned pubs with the support of the Plunkett Foundation, the Government-backed charity that provides support and expertise for community buyouts.

Study visits of combined pubs, cafes and restaurants in Derbyshire and Yorkshire are being supervised by a business advisor with experience of helping to facilitate successful community enterprises across the UK.

HJCC committee members will also be joined by  local supporters with business experience in the hospitality sector.

It is proposed money for the purchase and refurbishment of the Henry Jenkins should be raised with a combination of community shares, grants and loans. HJCC is eligible to apply for up to £100,000 in funding from the Plunkett Foundation as well as a number of other grant-giving bodies. At this stage formal pledges to buy community shares are not being sought – that will not happen until a fully-costed Share Prospectus and Business Plan have been published. Informal pledges so far been made to the value of more than £80,000.

Community bid for Henry Jenkins remains on the table

HJCC would like to restate that our offer is still open to buy the Henry Jenkins for £180,000, its full market price as determined by a professional Valuation Report. Our offer, originally made in December, has so far not been accepted by the owner. We remain ready and willing to enter into negotiations at any time.