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10
Aug
Does High Court ruling finally pave way for Harrogate town centre transformation?
It was, undoubtedly, a resounding win for North Yorkshire Council.
Judge Mark Ockelton dismissed all the claims brought by a group opposed to the council’s £14.6 million Harrogate town centre transport scheme known as the Station Gateway in a judgment published this week.
The Get Away group, led by businessman Steven Baines, alleged the council’s Traffic Regulation Orders for the project were irrational and unlawful.
Judge Ockelton said those claims were “based on a partial view of that evidence, or a misreading of it or a misunderstanding of it”. He added: "The fact that the applicant does not agree with [the plans] and does not like the fact that its arguments were not accepted, does not make the reasons inadequate in law."
But any thoughts that this was a knockout blow in the long-running saga, which involves major changes to Station Parade, Station Square and the One Arch pedestrian tunnel, were soon put to bed.
Hardly had the verdict been published than Get Away announced it had instructed its barrister to appeal. Its submission is expected to be filed by August 21.
Mr Baines remains defiant:
This scheme has failed on every level – there is no public majority for it; the vast majority of local traders are against it; there was no consultation of the revised plans; and there has been no updated economic impact assessment. What does this decision say about local democracy?
Get Away leader Steven Baines on Station Parade.
Although many will sympathise with his views about a scheme whose cost has almost doubled from £7.9 million despite being significantly scaled back, and which includes a 36-metre bus lane on Lower Station Parade and a short disconnected cycle lane on Station Parade, it is unclear on what grounds the appeal will go-ahead.
However, numerous gateway documents — including the council’s full business case —released for the High Court case could provide ammunition.
Shovels on the ground
The gateway, which is mainly funded by the government’s Transforming Cities Fund, was announced in February 2021. Since then, the council has frequently claimed funding would be lost if the project wasn’t completed quickly.
As recently as February, Councillor Keane Duncan said the High Court challenge would not halt construction and the council intended to “proceed with key elements of the scheme which fall outside the traffic regulation orders”, such as improvements to Station Parade, One Arch and to the traffic signals.
But there are no shovels in the ground. Cllr Duncan resigned as transport chief in June and there appears little sense of urgency now.
Cllr Malcolm Taylor
New transport chief Cllr Malcolm Taylor said the High Court ruling “vindicates the thorough and transparent process we followed, but also allows us to move forward with confidence”. Another ‘final’ report is due to go to the council’s Conservative executive in October.
Asked this week by the Stray Ferret when the scheme is likely to start, Cllr Taylor said “the operational issues are being addressed by officers”.
We also asked for his views on the gateway as he previously said it would be sub judice to comment before the High Court decision. He replied:
The proposed scheme has always been about bringing a wide range of benefits to Harrogate. The project is due to improve Harrogate town centre’s public realm, provide better access to public transport, and ensure people are connected to economic and education opportunities.
Business uncertainty
Businesses remain concerned about the uncertainty, the prospect of months of roadworks and the purported long-term benefits.
Martin Mann, chief executive of Harrogate District Chamber of Commerce, said he was “disappointed but unsurprised” by the High Court decision. He added:
The greater question is, how can the price keep going up whilst the size of the project diminishes. We have also yet to see North Yorkshire Council start on the public realm work that was promised by Keane Duncan shortly before his departure. We were led to believe they would start the work on areas unaffected by the judicial review immediately, but no work has started and we have been left with unplanted flowerbeds and failing infrastructure to go alongside the multitude of road works in the town centre.
Harrogate Business Improvement District did not respond to our request for comment. Tom Gordon, the Liberal Democrat MP for Harrogate and Knaresborough, said the gateway’s ‘skyrocketing’ cost raised questions about its value for money. He added: “While the court has ruled in favour of the council, this doesn’t change the fact that we still need a comprehensive, integrated transport plan for Harrogate, not the current piecemeal approach.”
It’s now four-and-a-half years since the gateway was announced. Even the HS2 rail project is moving faster. Any hopes that last week’s legal verdict may have finally brought clarity on the way ahead appear to have quickly dissolved.
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