Ryedale Council faces legal bill over Malton supermarket decision

Landowner Fitzwilliam Estate is claiming £145,602 plus VAT in legal costs after a judge quashed Ryedale Council’s decision to grant planning permission for a supermarket on the Wentworth Street car park in Malton.

Ryedale Council is looking to convince the judge not to award the full amount.

Three years ago, Ryedale Council was ordered to pay £148,000 in costs to Fitzwilliam Estate after the authority’s refusal to grant it planning permission to put shop units on the town’s livestock market was also overturned.

The latest costs paid to the Fitzwilliam Estate will be in addition to the council’s own legal bill for contesting the case.

Ryedale Council was asked to confirm how much it had spent on the legal action but said it would be treating the inquiry as a request under the Freedom of Information Act and not offering an immediate response.

The estate’s latest legal victory over Ryedale Council was confirmed last month but the extent of the legal bill facing the authority has only now emerged in a report to be considered by councillors next week.

It warns councillors that as the “unsuccessful party” in the Wentworth Street car park ruling, Ryedale Council is likely to have to pay the “reasonable” legal costs claimed by the estate.

The judge that considered the case is now reviewing the costs claim made by Fitzwilliam Estate.

The report says: “The costs claim as a whole appears to be completely unreasonable and is being contested.”

The judicial review is the latest chapter in a longrunning battle over rival retail proposals in the picturesque market town which dates back to 2007.

GMI Holbeck has pursued plans to put a supermarket on the Wentworth Street car park while the Fitzwilliam Estate has pressed the case for redeveloping the livestock market.

Supermarket chain Booths has previously expressed an interest in opening at the livestock redevelopment and Fitzwilliam Estate has complained that its plans have been “blighted” by the Wentworth Street proposals which are a “non-starter”.

The outcome of the judicial review into the Wentworth Street car park decision will be considered at a meeting of Ryedale Council’s planning committee next week.

The report says: “Consideration was given to an appeal against the High Court’s decision but, an appeal was not recommended having w eighed up the prospects of success against the cost of further litigation.

“Accordingly it w as considered that it w ould not be in the general public interest to appeal the judgement.”

At the same council meeting on Tuesday, councillors will also be asked to give Fitzwilliam Estate conditional approval in relation to several outstanding matters on the livestock market redevelopment scheme.

Councillors have already granted outline planning permission and will be asked on Tuesday to agree to further details covering the layout, scale appearance and landscaping of the redevelopment.

The livestock market is due to move to a purpose-built site near Eden Camp.