The Leader of Harrogate Borough Council who took his own council to the High Court to seek that a planning application be overturned has won the case and costs have been awarded against the planning applicants Margaret and Michael Atkinson.

Mrs Atkinson is a borough councillor.

Councillor Mike Gardner took the case after the planning approval for a house in Kirkby Malzeard was brought into question following a complaint to the Ombudsman. The Ombudsman was concerned there were social and political connections between Mr and Mrs Atkinson and the Chair of the Sub Committee that granted approval, Councillor Simms. The judge found that there was a real possibility of bias which meant the planning permission was not valid. He said that if the permission were overturned, Mr and Mrs Atkinson could apply again. The council should then determine the new application, making sure that there was no suggestion of bias.

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Councillor Gardner said: "Declaration of prejudicial interest is a very difficult and complex area in which we are always learning. It would seem that on this occasion, Cllr Simms did exercise poor judgement. And as the approval had been questioned in this way I believed that the only action open to me was to seek to have the planning approval overturned through the courts. The council could have revoked the planning permission itself but it would have left us open to a claim for compensation."

(CD)