Campaigners launch High Court challenge over Vale of York motorway services
Legal questions raised about North Yorkshire Council’s approval
Campaigners opposing the Vale of York motorway service area (MSA) have initiated a High Court challenge against North Yorkshire Council’s decision to approve the development.
The group, Kirby Hill RAMS (Residents Against Motorway Services), has engaged public law firm Leigh Day to commence Judicial Review proceedings over the council's approval for Welcome Break's motorway services scheme.
RAMS is seeking the High Court's assessment on whether the decision was made lawfully, including issues related to the expiration of outline planning permission before reserved matters approval, information provided to councillors, and whether planning issues were improperly handled through conditions.
The proposition for the development includes facilities such as car parking spaces, HGV, coach, caravan, motorcycle parking, fuel filling stations, a drive-through coffee shop, and an amenity building located next to the A1(M) near Kirby Hill.
Chair Gareth Owens stated that the dispute transcends simple planning disagreements, stressing the need for legal oversight on the council's adherence to law in determining major developments.
While RAMS has fought against motorway service proposals at this site for almost three decades, North Yorkshire Council approved the reserved matters last month, following 25 years of planning permission refusals by Harrogate Borough Council.
The group’s initial crowdfunding target is £10,000 to support the pre-action stage of the Judicial Review, with potential further appeals needed to fund High Court proceedings.
Owens highlighted broader implications beyond Kirby Hill, questioning England’s new unitary authorities' major planning decisions and the observance of legal safeguards protecting communities.
North Yorkshire Council's approval was based on previously established outline planning permission, allowing the committee to consider the design and layout rather than the development's principle.
The RAMS group has contested the determination of the application, citing unresolved legal issues and significant plan changes since outline approval, which encompass agricultural land loss, bridge and roundabout alterations, and drainage revisions.
The Local Democracy Reporting Service is awaiting comment from North Yorkshire Council.
To support RAMS, visit their crowdfunding appeal at www.crowdjustice.com/case/supportrams .