VILLAGERS who donated thousands of pounds to take their fight against a new housing development to the High Court have lost their attempt to get planning consent overturned.

Staindrop Parish Council sought a judicial review of Durham County Council’s decision to grant planning permission to Raby Estates to build 72 houses on the edge of the village.

The county council decided the fields off Winston Road could be built on as an enabling development, meaning it would raise money towards the restoration of the historic Raby Castle, despite it going against policies in the County Durham Plan.

Residents who had objected to the houses donated £13,724 to take legal action to challenge that justification, but a judge did not accept the legal argument put forward on behalf of the parish council.

Members say despite the outcome, they remain supportive of the developments at Raby Castle and will work with the Estate in future.

Staindrop will now have to accept a housing development which everyone admits is in breach of the County Development Plan and which will permanently affect the village for the worse.

A spokesperson said the parish council knew a legal challenge would be difficult but, after taking advice from counsel, decided to represent residents who gave generously to oppose the “deeply unpopular development”.

Chairman Councillor Ian Royston said: “We always knew this would be an uphill struggle, but we considered our barrister’s advice in the light of the strong views we heard from the local community right through the planning process and decided that we owed it to residents to do everything possible to at least bring the matter before a judge.

“It is regrettable that Judge Belcher’s decision means that Staindrop will now have to accept a housing development which everyone admits is in breach of the County Development Plan and which will permanently affect the village for the worse.

“Of course we still support the developments at Raby Castle and the legal decision will not affect our commitment as the elected body representing Staindrop, to work co-operatively with Raby Estates in the future.”

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The judge capped court costs at £10,000, under the Aarhus Convention, leaving the Parish Council to pay its own costs and Durham County Council’s £4,930 but not Raby Estates’ legal costs.

The Staindrop Parish Council spokesperson said a final report on the matter, including financial details, will be presented at a meeting in July and it is anticipated that a small amount of the public funding appeal money will be available to return, on a pro rata basis, to those donors who wished for this.

When applying for planning permission for the houses, Raby Estates said it needed to generate almost £3 million from 151 new homes at Gainford and Staindrop to help fund planned works at the Castle, along with restoration of the Grade I listed Gainford Hall.

Gainford and Langton Parish Council had considered taking similar action to Staindrop to challenge Raby Estates’ plan for 79 houses off Spa Road, but decided not to proceed.

Geoff Paul, Durham County Council’s interim head of development and housing, said: “We are aware that the judicial review of planning permission granted for the Raby development has been unsuccessful.

“This development will drive forward key benefits to the county’s economy, bringing forward a significant visitor attraction with the jobs and spend associated with this.”

The developments at Raby Castle are part of the Estate’s ambition to become one of the region’s leading tourist attractions, boost the county’s economy and create jobs.

The scheme includes relandscaping of walled gardens and repurposing of the Coach House, to create spaces for interpreting the history of Raby, classroom and retail areas. The Riding School and Dutch Barn will become an events and exhibition space and the play areas and car park improved.

Both villages have witnessed population and local business decline and we believe that, in the round, our proposals will give the area a significant social and economic boost.

Duncan Peake, chief executive at Raby Estates, said: “Raby Estates remains wholly committed to engaging with the communities in Gainford and Staindrop over our plans and we are pleased that a group has been recently established in Gainford with local people to discuss the proposals as they progress.

“There is widespread support for the castle, park and gardens project which will create a major leisure and tourism attraction for the area.

“There was also significant support for the housing at the pre-planning stage. We understand concerns of some in the local community about housing development but a great deal of work has taken place to address those concerns.

“We believe the high quality housing that has been approved is proportionate and will see a 10 per cent increase in the village populations.

“Both villages have witnessed population and local business decline and we believe that, in the round, our proposals will give the area a significant social and economic boost.

“We note the outcome of the judicial review which was primarily a matter between Staindrop Parish Council and Durham County Council.”