- Appeal challenges the dismissal of judicial review over lawfulness of four Traffic Regulation Orders implementing the scheme
- Get Away campaigners say judge failed to acknowledge key legal and procedural issues, appealing the decision on three main grounds
- Comes after the scheme is flagged as ‘higher risk’ and follows news of spiralling costs
- Project dubbed a ‘runaway train’ on track to hurt the people and businesses of Harrogate
Local campaign group, Get Away, warns the judge ‘got it wrong’ as it officially launches an appeal against a High Court ruling on the controversial Harrogate Station Gateway scheme.
The appeal follows the dismissal of a judicial review brought by the group, which challenged the lawfulness of four Traffic Regulation Orders (TROs) made by North Yorkshire Council to implement the project.
The group says the judge failed to acknowledge key legal and procedural issues, and that the ruling is flawed on three main grounds:
- Public consultation: The judge was wrong to hold that it was lawful to make the TROs without further public engagement, especially in light of a previous council resolution that required additional consultation and checks on matters such as affordability and funding.
- Partial implementation: The judge was wrong to conclude that it was lawful to make TROs implementing only part of the revised scheme, particularly when there was no certainty that the rest of the scheme would be delivered. The benefits of the wider project were also wrongly taken into account.
- Technical evidence ignored: The judge was wrong to conclude that the Council’s decision was lawful, despite it relying on conclusions unsupported by/contradicting adequate evidence, failing to take into account material considerations and being supported by inadequate reasoning.
Steve Baines, spokesperson for Get Away, said: “This ruling is the latest in a catalogue of failures for the people and businesses of Harrogate around this scheme.
“The Council has failed to consult properly on this scheme and has ignored both public opinion and common sense. Despite this, traders continue to warn that the project will harm them at a time when the local economy needs all the support it can get.
“We believe the judge’s decision was wrong, and this appeal is an essential step to hold the Council to account and secure a result that is right for Harrogate. We are determined to ensure that the community’s voice is heard, that proper procedures are followed and that our town’s future is protected.”
The appeal comes after a report from the Corporate Director of Environment at North Yorkshire Council which classified the scheme as ‘higher risk’, with further reassurance needed ahead of approval.
It also follows news of spiralling costs around the project. Initially allocated £7.9m, the budget is now set to approach £14m if an additional £2m from the York and North Yorkshire Combined Authority is approved – despite the project being downscaled.
At the same time opposition to the project is strong. A recent poll of nearly 200 local businesses found that 91% are against the scheme, with most respondents also doubting it will benefit the local economy.
Baines added: “The message could not be any clearer: this scheme is unfit and unwelcome. It has been a disaster from the start and needs to be put to bed for good.
“You only need to look at the ballooning budget for this project to see that it has become a runaway train, on track to harm Harrogate’s community and local economy for years to come.
He added: “We are confident that we have an undeniable case and are hopeful for a just outcome from this appeal.”
