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COUNCIL HAS ITS WORK CUT OUT IN DEMANDING THAT RESIDENT REINSTATES REMOVED EMBANKMENT

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A doctor who removed 150 metres of a disused railway embankment from her property in Nidd, Harrogate, has won the r...
A doctor who removed 150 metres of a disused railway embankment from her property in Nidd, Harrogate, has won the right to fight a government demand that she puts it back for the benefit of a proposed cycle route.

Jean Ward had the 20 metre wide section of the disused embankment removed from her property, Rock Hall, Nidd, in May 1998, leaving an almost 4 metre high vertical face.

Harrogate BC issued an enforcement notice against her in November 2000, requiring her to replace the embankment in its original condition within six months. It said that removal of the 150-metre section had 'severed the preferred route of this part of the proposed Nidderdale cycle way, as identified in the Harrogate District Local Plan Deposit Draft'.

Dr Ward appealed the enforcement notice to the government minister

responsible for planning, but his inspector rejected her appeal in October last year.

Now though Mr justice Silber has given her permission to challenge that decision in a full high court hearing later this year.

When the case reaches court - no date has yet been fixed - Dr Ryan will argue that the planning inspector who heard her appeal against the enforcement notice failed to adequately compare possible alternative cycle routes, and rejected them too easily on the grounds that they were not 'on offer'.

She also claims that he failed to take account of the fact the route over Rock Hall was also not 'on offer', as she remains opposed to the establishment of the cycle way.

STRAND NEWS SERVICE

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