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14
Nov
Campaigners get go-ahead for Harrogate Station Gateway legal challenge
The Court of Appeal has granted permission for a Harrogate Station Gateway ruling to be reviewed.
The Get Away campaign group launched a bid to stop the scheme, which involves major changes to Station Parade and Station Square, after it said the project would harm the town centre and waste public funds.
Judge Mark Ockelton rejected the group’s judicial challenge following a two-day High Court hearing in April.
However, Get Away claimed the judge’s decision was flawed and initiated an appeal in September.
Now, the Court of Appeal has given permission for a review of the High Court ruling to go-ahead.
Get Away spokesperson Steven Baines said:
The council has not undertaken a thorough and transparent process with regard to the Harrogate gateway scheme - far from it.
The judge got the decision wrong to dismiss our legal challenge and the Court of Appeal’s move to grant us a review of the judge’s ruling, on the basis that our case has real prospects of success, says a lot about what we are fighting for and how the council has conducted itself.
Get Away claims the High Court 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 Traffic Regulation Orders 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.
Station Parade and Station Square are at the heart of the scheme.
Officials at North Yorkshire Council had submitted a request to the Court of Appeal that the High Court ruling should not be reconsidered.
In a report due before senior councillors on the council's executive next week, Alex Richards, Transforming Cities Fund programme manager at the council, said:
The Judge in the High Court has refused permission to appeal, so the claimant is seeking permission from the Court of Appeal to have the ruling reconsidered.
The council has submitted a response indicating that permission should not be given for an appeal.
At this stage the council is entitled to rely on the High Court’s decision as a valid basis for moving forward.
The move comes as the council prepares to appoint a construction contractor for the scheme.
NY Highways, which the council fully owns, is set to undertake construction of the project, which will look to transform town centre areas such as Station Parade, Station Square and the One Arch pedestrian tunnel.
A report is due to go before the council’s Conservative-controlled executive next week, which will recommend that authority is delegated to enter into a contract with the company and accept full grants from West Yorkshire Combined Authority and York and North Yorkshire Combined Authority for the scheme.
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