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19
Mar
Council rejects claim new motorway services near Boroughbridge 'unlawful'
North Yorkshire Council has rejected a claim from campaigners that any decision over controversial plans for a new motorway service area (MSA) would be unlawful.
Members of Kirby Hill RAMS (Residents Against Motorway Services) claim councillors should not be allowed to decide a planning application from Welcome Break for the Vale of York MSA on the A1(M) at Kirby Hill, near Boroughbridge.
Outline planning permission was granted for the MSA in 2021 following a public inquiry after more than 20 years of legal wrangles.
The permission required the developer to submit a valid and complete reserved matters planning application covering all the detailed elements of the scheme by April 13, 2024.
But the group claims that key drawings and technical details were submitted after the deadline, meaning the original outline permission may now have expired and a decision on the scheme would be unlawful.
Gareth Owens, chair of Kirby Hill RAMS, said:
If the outline consent has lapsed, the reserved matters application would have no legal foundation. In those circumstances, the council may have no lawful power to determine the application.
Campaigners say North Yorkshire Council disputes their interpretation and believes the outline permission remains valid, but has refused to explain the legal basis for its position.
Mr Owens added:
The council is asserting that the outline permission remains extant, but it will not explain the legal reasoning behind that conclusion.
Given the scale of the development and the seriousness of the legal issue involved, that lack of transparency is concerning.
In response to the claims, the council’s head of development management, Martin Grainger, said:
We take all concerns made to us seriously and consider any issues raised by our communities.
However, in this particular case, we believe our approach has been correct and therefore refute the claims made by the community group.
This is a live planning application which will be considered by members of our strategic planning committee on a future date. All views and opinions that have been submitted to us in relation to the application will be taken into consideration before a decision is made.
The dispute comes after the High Court recently quashed North Yorkshire Council’s decision to approve another motorway service area.
The ruling came after a legal challenge by rival services operator Moto to Roadchef’s plans for an 11-hectare former quarry site off junction 52 at Catterick.
The Local Democracy Reporting Service has contacted Welcome Break for a comment.
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