Housing development on old athletics stadium will go ahead after 15-year legal wrangle

The scheme will finally go ahead in Hemsworth 15 years after it was first drawn up.

Wakefield Council’s planning and highways committee approved an application to build 128 residential properties on 5.8 hectares of land at Kirkby Road.

Developer Saul Homes plan to build a range of houses and bungalows, including 71 three-bed and 38 four-bed properties.

Councillors approved the plans in principle at a meeting in October last year, but said more thought was needed over the impact it could have on the town’s infrastructure.

They were concerned that the new homes could place a strain on local schools and healthcare provision.

Concerns were also raised over drainage.

Officers recommended the plan for approval.

A report states: “It is considered that the proposed development would achieve a satisfactory layout and design which would provide a reasonable standard of housing environment for future residents whilst protecting the amenity of existing residents.

“The layout incorporates sufficient parking and would ensure the safe and free flow of traffic within the development.

“Overall, it is considered that the proposal meets with the relevant local and national policies and guidance.”

The original plan was submitted in January 2008.

They were approved in principle by Wakefield Council in 2010 but the decision was quashed by the High Court because of the council’s failure to carry out a screening opinion.

A screening opinion helps developers get an idea of how likely an Environmental Impact Assessment (EIA) will be needed before a formal application is submitted.

In 2016, a screening opinion was subsequently carried out and the application was reconsidered and approved.

The decision was quashed again by the High Court after another legal challenge.

The Secretary of State for Communities and Local Government then directed that the plan was not an EIA development.

A further legal challenge was made which was dealt with at the Supreme Court in May 2021, where it was ordered that permission to appeal be refused.