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Oct 2023

Last Updated: 26/10/2023

Environment

Campaigners face high legal bill in bid to stop motorway services near Ripon

by Calvin Robinson Chief Reporter

| 27 Oct, 2023

Designs for the service station near Kirby Hill, as proposed by Applegreen.

Campaigners in Kirby Hill have claimed North Yorkshire Council has threatened high legal costs to dissuade them from proceeding with a judicial review over a new motorway services near the village.

Kirby Hill Residents Against Motorway Services told the authority they intend to press ahead with legal action over a move to grant permission for a service station between junctions 48 and 49 of the A1(M) northbound, near Boroughbridge and Ripon.

Councillors on the authority’s planning committee granted approval for the scheme on September 12, which would see a Welcome Break built at the site, as well a filling station and 364 car parking spaces created.

However, campaigners say the decision was flawed and that they intend to challenge the approval.

In a letter to Kirby Hill RAMS, the council said the decision was lawful and that it would contest any claim.

It added that it reserved the right to apply to the court to raise the claimant cost cap, which is set at £5,000 under the Aarhus Convention.

The convention, which is an international agreement, grants the public rights in accessing information and participation in government decision making on environmental matters, such as planning decisions.

The council’s letter said:

“We note that your pre-action letter does not address the claimant’s position on costs and the Aarhus Convention.

“Any such application will require the disclosure of the claimant’s finances and the defendant reserves the right, on consideration of said information, to apply to the court to raise the claimant’s Aarhus costs cap above the starting limit of £5,000.”

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Gareth Owens, chair of Kirby Hill RAMS, said the authority was using a threat of high costs to dissuade residents from challenging its decision.

He said:

“It feels like the council doesn’t want its decision to be challenged in the High Court and is saying ‘try it and we’ll have your house if you lose’.

“This is the reality of our new council, which told communities that it would listen to and work with them in the way it makes decisions and improves its delivery of services.

"In practice, at the first sign of a challenge, the council is prepared to ask the court to set aside the rights of residents to environmental democracy, to protect its decisions from proper scrutiny.”

Mr Owens added that campaigners have responded to the council calling for a dialogue with the authority “to resolve the matter without recourse to legal proceedings”.

The Stray Ferret asked the council whether it had a response to the suggestion that it was threatening high costs to dissuade legal action over its decision.

Barry Khan, assistant chief executive for legal and democratic services at North Yorkshire Council, said:

“We have responded to the letter we received setting out our position. This asserts that the decision was lawfully made and we will contest any claim that is made.

“The section regarding the cost cap is a standard response, simply reserving our position in case a claim is issued as we need to protect taxpayers’ money at all times.”

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Campaigners face high legal bill in bid to stop motorway services near Ripon

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