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09
Sept
New legal bid launched to halt £14.6 million Harrogate Station Gateway
Campaigners have launched an appeal in their latest move to halt the £14.6 million Harrogate Station Gateway.
The Get Away group believes the North Yorkshire Council scheme, which involves major changes to Station Parade and Station Square, would harm the town centre and waste public funds.
But Judge Mark Ockelton rejected the group’s judicial appeal following a two-day High Court hearing in April.
Get Away claims the judge’s decision was flawed and said today (September 9) it had initiated an appeal.
Harrogate businessman Steve Baines, spokesperson for the group, said:
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.
We are confident that we have an undeniable case and are hopeful for a just outcome from this appeal.
Steven Baines on lower Station Parade.
Mr Baines said the council had “ignored both public opinion and common sense” by proceeding with the scheme and the appeal “is an essential step to hold the council to account”.
The judicial review centred on the lawfulness of four Traffic Regulation Orders implementing the scheme.
Get Away claimed the orders were made irrationally and effectively implemented part of the gateway scheme before a final decision had been made.
But Judge Mark Ockelton dismissed the claims and ruled in favour of North Yorkshire Council. He said some of Get Away’s claims were “based on a partial view of that evidence, or a misreading of it or a misunderstanding of it”.
Grounds for appeal
Get Away says the judge failed to acknowledge key legal and procedural issues and the ruling is flawed on three main grounds.
Firstly, it says the judge was wrong to say 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.
Secondly, the group claims the judge was wrong to conclude 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.
Thirdly, it alleges the judge ignored technical evidence.
Cllr Malcolm Taylor
A final report on the gateway is due to go before the council’s ruling Conservative executive next month.
Cllr Malcolm Taylor, executive councillor for highways at the authority, hailed the High Court ruling at the time as a “clear and unequivocal ruling in favour of the council”.
He added:
This decision not only vindicates the thorough and transparent process we followed, but also allows us to move forward with confidence.
A council statement added the judgement stated that “the points made by the applicant here are bad ones”, and “the fact that the applicant does not agree with them (the plans) and does not like the fact that its arguments were not accepted, does not make the reasons inadequate in law".
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