Group plans another appeal after losing Harrogate Gateway legal challenge
The court rejected a claim by campaign group Get Away that North Yorkshire Council had acted unlawfully
A campaign group says it will take its case to the Supreme Court after the Court of Appeal dismissed a legal challenge against the £14.3m Harrogate Gateway scheme.
In a judgment made today (12th March), the court rejected a claim by campaign group Get Away that North Yorkshire Council had acted unlawfully when it issued four traffic regulation orders (TROs) linked to the scheme.
The Transforming Cities Fund scheme aims to improve Harrogate town centre’s public areas and provide better access to public transport.
But the appeal, brought by A&E Baines Ltd which launched the campaign group, challenged orders that included the introduction of a short section of combined bus and cycle lane, one-way traffic arrangements and turning restrictions near Harrogate bus and railway stations.
The Court of Appeal upheld an earlier High Court ruling and rejected all three grounds of appeal.
The court found that the council was not required to carry out further public consultation on the revised scheme before making the traffic regulation orders and that it was lawful and rational for the council to proceed with the four orders while a fifth related order was being modified.
The council’s decision‑making was also found to be “sound, properly reasoned and based on relevant considerations”, with no evidence that councillors were misled or that material issues were ignored.
North Yorkshire Council’s executive member for highways and transport, Councillor Malcolm Taylor, said: “We welcome the Court of Appeal’s clear decision, which confirms that the council acted lawfully and appropriately at every stage of this process.
“This is the second time we have had to defend our position in the court and both times we have won all points convincingly.
"While our costs are recouped from the applicant, we have wasted a significant amount of time and energy on these two unjustified appeals.
“This would have been better focussed on delivering a scheme that is about improving access, safety and reliability for everyone using this key part of Harrogate, and has broad support in the town.”
Lord Justice Lewis said the role of the court was to ensure decisions were taken lawfully, not to determine the merits of traffic or transport schemes, which were matters for the local authority.
Reacting to the judgment, a spokesperson for the Get Away group said: “We are extremely disappointed by the outcome of the Court of Appeal hearing and we have immediately made an application to the Supreme Court to appeal the judgement, which our lawyers advise does not properly address the issues we raised.
“We know that if the scheme proceeds it will be carbon positive, pose health and safety risks, result in longer journey times and greater congestion, as well as creating two years of disruption at a time when the local Harrogate business community is facing significant economic headwinds with rising costs.”
The council said it was working with partners to secure the necessary funding and agreements to commence the scheme at the earliest opportunity.
The council were awarded £38m to deliver schemes in Harrogate, Selby and Skipton.