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MP ‘disappointed’ by minister’s response to Harrogate College rebuild requestNo 6: Harrogate Station Gateway ‘descoped’ after legal flaws and political rows

In this article, which is part of a series on the 12 stories in the Harrogate district that shaped 2023, we look at the Harrogate Station Gateway saga in 2023.

The year 2023 was supposed to be the year when the Harrogate Station Gateway started to happen.

After years of talk, work would begin on reducing a section of Station Parade to single lane and James Street would be partly pedestrianised. But not a single shovel has entered the ground and the scheme remains mired in mess.

A meeting of North Yorkshire Council’s Harrogate and Knaresborough area constituency committee was supposed to bring clarity in May.

Cllr Keane Duncan, the council’s Conservative executive member for transport, turned the heat up on the Liberal Democrat-controlled committee beforehand by warning the scheme would be dead if the committee didn’t back it. The “majority of spend”, he added, must take place in 2023/24 budgets so there could be no delay.

Councillors voted 10-3 in favour, which paved the way for Cllr Duncan and the rest of the council’s ruling Conservative executive to press the go button. But the political consensus didn’t last long. The Lib Dems quickly withdrew their support, claiming the council had not engaged in meaningful consultation as promised in May.

Cllr Keane Duncan talks about the Station Gateway to Harrogate District Chamber of Commerce.

They called on Cllr Duncan, who would later win the Conservative nomination to stand in next year’s York and North Yorkshire mayoral election, to resign. He accused the Lib Dems of “weak and inconsistent leadership” and “playing games with the scheme”.

Meanwhile, local property firm Hornbeam Park Developments, which owns some buildings on James Street, launched a judicial review to challenge the council’s decision making.

Lawyers claimed there were six grounds for challenge, including the council’s failure to hold a public inquiry before issuing traffic regulation orders for the scheme. In August, the council confirmed it had “quashed” its May decision to proceed with the gateway. It conceded:

“Due to the necessity of having a public inquiry before confirming the relevant traffic regulation order, it was considered prudent to accept this ground of challenge.”

A computer visualisation of part of the Harrogate Station Gateway scheme, with large red x's over elements that have been scrapped.

A Harrogate District Cycle Action graphic showing the scrapped elements.

This prompted Andrew Jones, the Conservative MP for Harrogate and Knaresborough MP, to say the gateway was a” timed-out dead scheme” and offer to intervene to help retain the funding locally.

But the council, which had previously insisted the scheme would be dead if it wasn’t approved, ploughed on and began hastily assembling new proposals.

By November, they suggested public realm improvements to Station Square and One Arch, which is the foot tunnel under the railway at the bottom end of Station Parade, improved access into the bus station and linked sequencing of the traffic lights between the Ripon Road/King’s Road and the Station Parade/Victoria Avenue junctions. The possibility of a southbound segregated cycle lane on Station Parade, while retaining two lanes for motorised traffic, is also being explored.

The political wrangling continued when Lib Dem leader Cllr Pat Marsh accused Cllr Duncan of “pinching” their ideas.

The scheme is one of three worth £42 million being funded by the government’s Transforming Cities Fund to improve station gateways to town centres in Harrogate, Selby and Skipton.

By the end of the year all three had been “de-scoped” because “cost estimates have significantly increased during the detailed design development period”, according to a council report.

The council was keen to gloss over questions about its handling of a scheme, and how it had breached public law by failing to issue traffic regulation orders — particularly as it had awarded £2 million to consultants for help.

Cyclists were frustrated by the loss of what was once hailed as a key project in establishing a secure route from the town centre to Cardale Park. The gateway lexicon had also changed from being about active travel to sustainable transport, suggesting it’s more about better traffic lights than encouraging walking and cycling.

Councillors are expected to decide early in 2024 whether to accept the smaller Harrogate scheme — assuming the government lets the deadline slip. It appears smaller and less controversial than the original plans — but little about the gateway is ever straightforward.

Tory transport chief urges Lib Dems to back scaled-back Harrogate Station Gateway

The Conservative councillor in charge of transport at North Yorkshire Council has urged local Liberal Democrat members to support the scaled-back Harrogate Station Gateway proposals.

The £11.2m scheme’s most controversial aspects, such as the single-lane proposals for Station Parade and the part-pedestrianisation of James Street, are set to be dropped for it to proceed and to avoid legal peril for the council.

The plans were thrown into doubt over the summer when Harrogate-based property firm Hornbeam Park Developments, which owns several commercial properties on James Street, issued a legal challenge.

Conservative executive member for transport Keane Duncan and the Liberal Democrats have had a turbulent relationship when it comes to the Station Gateway.

In July, Cllr Duncan accused the Lib Dems of “playing politics” after it withdrew support. Then in August, the party called on him to resign due to his handling of the project.

But at a meeting in Northallerton last week, Cllr Duncan made a plea for unity ahead of a final decision on whether the project will move forward.

One Arch

This will be made by the council’s ruling Conservative executive so does not require cross-party support to get it over the line but Cllr Duncan said he still hopes it can be backed by councillors in the town.

He said:

“My sincere hope is that Conservative and Liberal Democrat councillors can unite behind a deliverable plan that secures £11m of investment for Harrogate. This is important for Harrogate and it’s important for North Yorkshire too.”

Funding for the Station Gateway is coming from the government’s Transforming Cities Fund but Cllr Duncan warned that if it doesn’t proceed and money has to be handed back to Whitehall it could risk future funding bids for the whole county.

He added:

“We should not return hard-fought money to government. This would be immensely damaging to the reputation of this council and future investment for our county. I am committed to working with Harrogate and Knaresborough colleagues to devise a proposal that commands clear public and business support.”

‘Complete incompetence’

In recent weeks, meetings have taken place between council officers working on the scheme and local councillors, including a walk around the proposed Station Gateway area where councillors of all parties have made suggestions.

Chris Aldred, Liberal Democrat councillor for High Harrogate & Kingsley, told the Local Democracy Reporting Service that the party accepts changes must be made to the scheme, which he blamed on “complete incompetence” by Cllr Duncan and the Conservatives.

He added:

“While further pedestrianisation of some areas of Harrogate town centre and much-needed improved connectivity for cyclists remain in our long term vision for the town, it is unfortunate that these must remain, in the main, long term aspirations, which can’t now happen within this scheme.

“However we do feel that some of the real positive elements of the scheme remain achievable within the timescale, such as a dedicated bus lane improving access to the bus station, improvements of the public realm in Station Square and One Arch, improved covered cycling storage and better connectivity of traffic lights and crossings for pedestrians and vehicles.

“The Lib Dem group regrets that the engagement with local residents and the town centre business community, as well as local councillors, which we called for back in May, has only just started to happen now. But we look forward to more of it in the next few weeks and hope to play our part in delivering these much needed improvements within the town centre.”

‘Collective will’ at council to rescue £11.2m Harrogate Station Gateway

Senior councillors at North Yorkshire Council have agreed to consider different options to rescue the £11.2m Harrogate Station Gateway scheme.

At a meeting of the council’s Conservative-run executive in Northallerton this morning, executive member for highways Keane Duncan said there was a “collective will” to secure the “£11m prize” from government to deliver a transport scheme in Harrogate.

The original plans included reducing a 300-metre stretch of Station Parade to single lane to make space for cycle lanes, part-pedestrianising James Street and overhauling Station Square.

A report to councillors today said North Yorkshire Council may now focus on the most popular aspects of the scheme. It does not mention active travel or cycling.

The report added the project was likely to have been scaled-back due to inflationary pressures so some of the changes may have taken place anyway.

The meeting heard the other options were either continuing with the scheme as it is, which may bring more legal peril for the council, or scrapping it entirely.

The council paused the project last month due to a legal challenge from Hornbeam Park Developments.

Cllr Duncan said today:

“There is a collective will across the council that we try and secure investment for Harrogate, this is an £11m prize.

“It’s right we don’t kill off the gateway at this point in time, it is important we take a step back to look at all of the options and see what is deliverable.

“Let’s secure investment, not for investment’s sake, we should exhaust all options to find a way forward.”

Councillors agreed to allow officers to work on detailed options for the scheme.

A decision on what the council intends to do is expected before November but time is running out as the government has said the money must be spent before March 2025.

‘Save the Station Gateway!’: Harrogate cycling campaigner issues plea

Cycling campaigner Malcolm Margolis has appealed to councillors to save Harrogate’s under-threat £11.2m Station Gateway.

It follows the publication of a report ahead of a meeting of North Yorkshire Council‘s Conservative-run executive on Tuesday, which says the council may now focus on the most popular aspects of the scheme to get it back on track.

However, the report does not mention active travel or cycling and the council could still decide to abandon the project altogether.

The original plans included reducing a 300-metre stretch of Station Parade to single-lane traffic to make space for cycle lanes, part-pedestrianising James Street and overhauling Station Square.

The council paused work on the project last month due to a legal challenge from Hornbeam Park Developments.

Mr Margolis spoke on behalf of Harrogate District Cycle Action campaign group at a meeting of the council’s Harrogate and Knaresborough area constituency committee today.

He said:

“We are asking you for the good of our town to save Harrogate Station Gateway. Along with many others, we think the plans are very beneficial.

“Some of you think the same, others don’t. You agree with some key elements but not others such as making Station Parade one-way or part-pedestrianising James Street.”

Mr Margolis said scrapping the scheme or removing the active travel elements risked damaging the council’s reputation with government “for years to come”. when it came to winning active travel funding.

Other failed bids

He referred to other failed bids, including for cycle lanes on Victoria Avenue and Knaresborough Road, the scrapping of cycle lanes on Oatlands Drive and Otley Road as well as the decision to discontinue the Beech Grove Low-Traffic Neighbourhood.

Mr Margolis warned the council would be doing a “massive disservice” to Harrogate’s residents if the Station Gateway funding is not used.

The campaigner also read out a letter he received from Conservative MP Andrew Jones in June 2023 when he described the project a “big test” for North Yorkshire Council to show that it can deliver projects. Mr Jones said the scheme had been the subject of “often inaccurate and vociferous criticism”.

However, after the judicial review was submitted by Hornbeam Park Developments in August, Mr Jones called the Station Gateway a “timed-out dead scheme”.

North Yorkshire Council officer Mark Codman read out a statement in response to Mr Margolis.

He said:

“The committee notes the statement from Harrogate District Cycle Action.

“The project is being considered by the executive on September 19 and area constituency committee members will be able to consider the next steps as appropriate at the executive meeting.”

Council concedes it should have held public inquiry into Harrogate Station Gateway

North Yorkshire Council has conceded it should have held a public inquiry into the £11.2 million Harrogate Station Gateway.

The council halted the scheme last week immediately after lawyers acting on behalf of local property firm Hornbeam Park Developments launched a judicial review.

Lawyers claimed there were six grounds for challenging the council’s decision.

Among them was the council’s failure to hold a public inquiry before issuing traffic regulation orders for measures such as partly pedestrianising James Street and reducing traffic on a 300-metre stretch of Station Parade to single lane.

A decision notice published on the council website this week confirmed it had “quashed” its May decision to proceed with the gateway. It said:

“The possibility of fully defending the legal challenge was considered and to have this mattered determined by the courts.

“However, due to the necessity of having a public inquiry before confirming the relevant traffic regulation order, it was considered prudent to accept this ground of challenge.”

It added the decision would “avoid any further exposure to costs and time delays”.

‘Dead scheme’

A report setting out what happens next is due to go to the conservative-controlled council’s ruling executive on September 19. However, Andrew Jones, the Conservative MP for Harrogate and Knaresborough, has called the gateway a “dead scheme”.

The legal challenge by planning lawyers Walton & Co also claims the council did not disclose a climate change appraisal that said said drivers would be forced to take longer alternative routes as a result of the road changes and overall “user emissions are anticipated to increase as a result of the scheme”.

A spokesperson for Walton & Co said:

“The claimant’s case put forward multiple grounds for challenge. One such ground included the fact that the climate change appraisal had not been made available.

“The claimant maintains that this still amounts to an error in law, and has reserved the right to take issue both with the alleged defective consultation and also other grounds set out in the claim, should a further decision be taken in the absence of such alleged error(s) being rectified.”

Lib Dems call on Keane Duncan to resign over Harrogate Station Gateway

Liberal Democrats councillors have called on North Yorkshire Council’s Conservative transport leader Keane Duncan to resign after the council pressed pause on the £11.2m Harrogate Station Gateway project.

Last week, the council said it had “rescinded the decision to proceed” with the controversial active travel proposals, which have been years in the works, due to a legal challenge.

In a statement, the council said it would not be proceeding at the moment to avoid “further costs and delays” after a judicial review was launched by Hornbeam Park Developments over the way the council consulted residents and businesses about the scheme.

The company, owned by businessman Chris Bentley, is a major commercial landlord in Harrogate and owns properties on James Street, which would be part-pedestrianised under the proposals.

The future of the Station Gateway is now in doubt with Harrogate and Knaresborough’s Conservative MP Andrew Jones describing it as a “timed-out dead scheme”.

The traffic order for James Street to be part-pedestrianised.

In an email to Cllr Duncan that has been shared with the Local Democracy Reporting Service, the Lib Dems said he should now resign from the council’s Tory-run executive after “failing to deliver” for Harrogate.

Cllr Duncan has been selected by the Conservatives as its candidate for the York and North Yorkshire mayoral election next year.

The letter says:

“At an executive meeting in July, you reaffirmed the commitment of yourself and your colleagues to the gateway project. You confirmed your ‘focus was delivering this landmark £11million investment into Harrogate.’

“You have failed to do so. Harrogate deserves better from the lead member for highways and transportation. You had the opportunity to develop and deliver a bold and innovative comprehensive integrated transport plan for Harrogate but you have failed.

“There is a very real concern that as a result of your mismanagement the potential investment will be lost.

“Harrogate needs meaningful improvements that will boost travel opportunities for local residents, business and visitors. This cannot happen without well managed and significant investment. It seems you are not capable of delivering this.”

The Lib Dems initially backed the scheme at a meeting in May, before withdrawing their support just a month later.

‘Petty point scoring’

In response to their email, Cllr Duncan accused the party of playing political games.
He told the Local Democracy Reporting Service:

“I have been consistent throughout that I would take the gateway project forward only if a majority of local councillors supported it.

“The Liberal Democrats’ decision to vote in support the gateway then withdraw their backing just weeks later can represent nothing other than blatant political game playing.

“Their failure to stick by their own decision undermines not only this much-needed £11m investment but future investment too. Such weak and inconsistent leadership lets down the people of Harrogate.

“As the Liberal Democrats play games with the gateway, I remain focussed on working towards solutions and securing investment for Harrogate. If the Liberal Democrats wish to join me in that then I will welcome them, but the evidence so far shows that they are more interested in petty point scoring.”

Business group welcomes decision to halt ‘wrong’ Harrogate gateway scheme

Harrogate District Chamber of Commerce has welcomed the decision to halt the town’s £11.2 million station gateway scheme.

On Thursday, North Yorkshire Council said it had revoked its decision to proceed with the gateway after Hornbeam Park Developments instructed lawyers to launch a judicial review.

Karl Battersby, the council’s corporate director of environment, said it was “taking further advice before deciding how best to proceed”.

But Andrew Jones, the Conservative MP for Harrogate and Knaresborough, said the scheme was effectively dead and called for gateway funding to be retained locally.

Martin Mann, acting chief executive of the chamber, said:

“Harrogate District Chamber welcomes the news that the gateway project has been rescinded but given that all three North Yorkshire County Council / North Yorkshire Council consultations failed to support the scheme, remain disappointed that it took a judicial review to make it happen.

“The chamber and the wider business community has never been against investment in Harrogate, as was implied by senior council officials. We are and always have been against the wrong investment.”

Two member surveys by the chamber revealed a majority opposed to the scheme, which would see James Street partly pedestrianised and a 300-metre section of Station Parade reduced to single lane traffic to make way for cycle lanes.

Martin Mann

Mr Mann said the organisation supported calls by Mr Jones and Tom Gordon, the Liberal Democrat candidate for Harrogate and Knaresborough at the next election, for funds to be retained for local active travel and town centre improvements.

He added:

“Harrogate District Chamber would also like to publicly thank those who brought the judicial review for finally bringing this project to a halt.

“Our remaining concern is to identify who will be responsible for the £2 million already spent on the project should Andrew Jones and North Yorkshire Council be unsuccessful in retaining the funding.”

The £2 million refers to the sum the council said in June it had spent on gateway consultants

‘Appalling failure’ say cyclists

Harrogate cycling campaigner Malcolm Margolis, who is a member of Harrogate District Cycle Action, said

“It would be an appalling failure if the station gateway were to be abandoned because the owner of Hornbeam Park Developments, which also owns substantial property in Harrogate town centre, objects.

“The county council recently held a third consultation specifically to address his promise to launch a judicial review, which he has now done.

“They now need to hold their nerve and defend the review. Station gateway is an essential first step to bring the town centre into the 21st century, make it a more attractive place to spend time and money in, and start to help people walk, cycle and use buses more, and their cars less.”

John Rowe, who is a committee member of Harrogate District Cycle Action, said it had asked the council to clarify what it was doing but he understood the funding had to be used for active travel. He added:

“If the council kills this scheme after failing to deliver on any of the active travel fund awards plus Otley Road, I would worry about their ability to attract future funding.”

The Stray Ferret asked the council whether the gateway funds could be spent on other local projects.

A council spokesperson said:

“It’s not appropriate for us to comment further at this stage.”

£11.2m Harrogate Station Gateway halted after legal challenge

North Yorkshire Council has revoked its decision to proceed with the £11.2 million Harrogate Station Gateway scheme in the face of a legal challenge.

Hornbeam Park Developments instructed lawyers to launch a judicial review against the council’s decision this week.

The council responded today with a statement that has plunged the controversial scheme into fresh doubt.

Karl Battersby, the council’s corporate director of environment, said:

“We have received a legal challenge to the executive’s decision to progress the Transforming Cities Fund scheme in Harrogate.

“Having taken external advice on the grounds of the challenge and having fully considered the matter, we have rescinded the decision to proceed with the scheme at this stage in order to avoid further costs and time delays.

“A further report will be considered by the executive soon, which will set out next steps and timescales for the project in line with legal advice. We will be taking further advice before deciding how best to proceed.”

The scheme is one of three worth £42 million being funded by the government’s Transforming Cities Fund to improve station gateways to town centres in Harrogate, Selby and Skipton.

Latest Station Gateway visuals which show Harrogate's James Street pedestrianised.

An impression of how James Street would look.

It would see James Street partly pedestrianised and a 300-metre section of Station Parade reduced to single lane to make way for new cycle routes.

The legal challenge focuses on the council’s alleged failure to disclose key carbon and climate impact information during consultation.

A climate change appraisal said drivers would be forced to take longer alternative routes as a result of the road changes and overall “user emissions are anticipated to increase as a result of the scheme, as the emissions from changing traffic flows are predicted to outweigh the avoided emissions from modal-shift”.

The appraisal also predicts the scheme would result in an increase of 1,356 tonnes of carbon dioxide emissions over its lifetime.

All Conservatives and most Liberal Democrats approved the decision to proceed in May — however, the Liberal Democrats subsequently withdrew their support.

Judicial review launched against £11.2m Harrogate Station Gateway

A judicial review has today been launched against the £11.2 million Harrogate Station Gateway scheme.

Planning lawyers have been instructed by Hornbeam Park Developments to challenge North Yorkshire Council‘s decision-making on several grounds.

They include the council’s alleged failure to disclose documents relating to climate change, and a failure to properly consult upon the scheme as a result.

The judicial review threatens to de-rail the controversial scheme, which would see James Street partly pedestrianised and a 300-metre section of Station Parade reduced to single lane traffic to make way for new cycling routes.

A spokesperson for Hornbeam Park Developments said:

“Residents deserve to be fully informed on a major scheme with significant environmental and economic impact on our town.

“This judicial review challenges the decision-making process and lack of crucial information provided to the public as part of previous consultations.

“The impact of this disastrous scheme will be felt across the district, but specifically on the businesses on James Street, and residents nearby. These groups should be confident the correct processes and information was provided to help inform the public. Our investigations show this is not the case, so we are challenging this”.

Councillors approved plans to proceed with the gateway in May.

Most Liberal Democrat and all Conservative councillors on North Yorkshire Council’s Harrogate and Knaresborough area constituency committee supported the scheme although the Liberal Democrats later withdrew support.

How James Street would look.

A statement sent today on behalf of Hornbeam Park Developments said the scheme “has proved unpopular with the majority of residents and local businesses due to potential impact on the local economy and on town centre congestion due to increased waiting times throughout the day”.

It adds:

“Redirected traffic from the town centre gyratory could also make residential streets nearby less pedestrian friendly, fuelling concerns across the town centre.”

Key climate data not released

Today’s legal challenge claims a council-commissioned climate change appraisal, which concludes the scheme is predicted to result in an increase in 1,356 tonnes of CO2e over its lifetime, was not made available during public consultation or taken into account by the council when it decided to go ahead.

Instead, consultation materials indicated the initiative would be beneficial in terms of climate change.

The judicial review also claims a plan showing proposals for traffic regulation orders on highways such as James Street was incorrect and should have triggered a public inquiry.

The spokesperson continued:

“The decision to omit the damning independent analysis into the predicted carbon emissions of this scheme will contribute during public consultation is shocking.

“In this climate emergency, information around environmentally damaging schemes should be front-and-centre to help people appraise the scheme.

“Instead, we have a document which states that the reduction of Station Parade to one lane and the part-time pedestrianisation of James Street will reduce general traffic capacity and force drivers onto longer alternative routes – predicted to result in an increase in 1,356 tonnes of CO2e over the project’s lifetime.

“Everyone in the town wants to see improvements to the area, but it needs to have a democratic mandate that we can all get behind, and be fully thought through.”

North Yorkshire Council has been approached for comment.

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‘Complete incompetence’

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Other failed bids

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‘Dead scheme’

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‘Petty point scoring’

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‘Appalling failure’ say cyclists

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Key climate data not released