Judge 'reserves judgement' on controversial York Clifford's Tower planning row

Campaigners, opposed to English Heritage plans for a centre below the 13th-century Clifford’s Tower in York, had taken their fight to a judicial review in an attempt to stop the scheme. But as the case was heard at the High Court in Leeds yesterday, they were told they will have to wait still further for a decision in their legal challenge.

“This is a case that, to some extent, treads novel ground,” said Mr Justice Kerr, announcing that he would reserve his judgement. “It’s sharply divided local opinion.“The castle is of enormous importance to everybody.”

And, he added, his role was not to decide on the merits of the planning application itself but to assess whether the planning law was correctly applied.“The court has no view on the merits of the proposal,” he told the court. “It has nothing to do with the issues I have to decide.”

English Heritage wants to build a centre at the base of Clifford’s Tower’s green motte, which features in countless images of the city. Last year, York Council approved the plan for a gift shop and interpretation centre, which also includes new stairs up to the castle and a range of improved visitor features inside the keep, but this decision has been challenged by a group of local residents led by independent city councillor Johnny Hayes.

The planned centre would feature a gift shop and interpretation centre and will require the excavation of part of the base of the motte - the green mound under the tower.Planning officials have pointed out that the bottom of the motte used to end with a retaining wall until the 1930s and the very bottom section, to be removed, has therefore only been there for 80 years.

Mr Hayes, who was at court on Wednesday, has raised money for the judicial review bid through a crowdfunding site after more than 3,000 people signed a petition against the development.

He has previously said he felt he had no option as he “could not believe that such a wonderful and internationally important monument and local landmark could be treated in this way”.

His barrister, Anthony Crean QC, argued that planning officers had misinterpreted planning guidelines when they reported to councillors ahead of last year’s decision. But David Elvin QC, for York Council, said officers’ interpretations had been correct and, even if they had been wrong, it is unlikely to have had an effect on the eventual outcome.

Emma Dring, for English Heritage, said her client supported the council’s submissions.

Clifford’s Tower is the last remaining part of York Castle, which was once the focus of royal power in the north of England.

In 1190 it was the site of one of the most notorious incidents in English history when about 150 Jews were massacred after taking refuge in the tower.