North Yorkshire Council launches legal action over road repair funding decisionCampaigners launch further legal action against Harrogate Station GatewayHarrogate Station Gateway ruling ‘vindicates’ council, says transport chiefCampaigners lose legal challenge against Harrogate Station Gateway projectNorth Yorkshire Council drops £14 million legal challenge against governmentGovernment grant axing legal action could cost taxpayers a ‘very large sum’, council leader saysNo 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.

Keane Duncan at Harrogate chamber

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.


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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.

Taxi drivers threaten judicial review over new single zone

Taxi drivers have threatened legal action against North Yorkshire Council’s decision to abolish hackney carriage zones.

Senior councillors backed the introduction of a county-wide zone on April 1 at a meeting last Tuesday (October 17). It means drivers can now operate anywhere across the county, rather than being limited to areas such as the former Harrogate district.

Taxi drivers say this has led to a range of problems, including drivers flocking to popular urban areas while ignoring less profitable rural areas.

Now licensing consultant David B Wilson has claimed the decision to introduce the single zone was unlawful and has threatened action.

In a letter to Barry Khan, the council’s monitoring officer, seen by the Stray Ferret, Mr Wilson gave notice that drivers had instigated a judicial review pre-action protocol.

He urged the authority to find a resolution to the matter and investigate why the council’s executive had legally approved the measure.

Mr Wilson said:

“Before instructing solicitors to pursue an application for judicial review, including service of the pre-action protocol letter before action, my clients have instructed me to write to you in the hope this matter can be finally resolved without the need for either party to incur significant further costs.

“As futile as it may be, as the challenged resolution was made with legal advice provided by you (monitoring officer) and Laura Venn (deputy monitoring officer), for the sake of completeness, my clients ask you to review the law and reconsider whether the council has acted lawfully when purportedly passing an extension resolution by the executive on 17 October 2023.”


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The move comes after Ripon-based taxi driver Richard Fieldman urged councillors to delay the decision on October 17 as legal advice he received suggested the decision should be made during a full meeting of all 90 councillors rather than by its 10-person executive.

However, in response, Cllr Greg White and the council’s chief legal officer Barry Khan both said they were satisfied the executive had the right to make the decision.

The executive then voted unanimously to confirm the abolition of the seven zones and to create the single county-wide zone.

 

Campaigners threaten judicial review to halt motorway services near Ripon

Campaigners in Kirby Hill have given North Yorkshire Council notice of a legal challenge against a decision to approve a motorway service station near the village.

Kirby Hill Residents Against Motorway Services have told the authority they intend to press ahead with a judicial review over a move to grant permission for the service station between junctions 48 and 49 of the A1(M) northbound, near Boroughbridge and Ripon.

Councillors on the authority’s planning committee granted approval for the scheme on September 12, which would see a Welcome Break built at the site, as well a filling station and 364 car parking spaces created.

The proposal already had outline permission after the government’s Planning Inspectorate approved the plan on appeal in April 2021.

Applegreen, which is based in Dublin, applied for amendments to the proposal, including an extension to the length of the slip roads and increasing the permissible height of the eastern dumbbell roundabout by up to 1.25 metres.

However, Gareth Owens, chair of the Kirby Hill RAMS, said the move amounted to “significant change” to the scheme and confirmed the campaign group would challenge the approval.

He said:

“The leader of the new council, Cllr Carl Les, told parishes that he wants to work with them and ensure their voice is represented in North Yorkshire Council decisions.

“These laudable principles form the basis of the parish charter that he signed in July 2023. Two months later, planning officers and the strategic planning committee have ridden roughshod over the needs, rights and wishes of the local community.

“This is totally unacceptable. We have written to the council initiating the pre-action protocol for judicial review and giving them 14 days to reconsider this decision and respond, in light of the serious legal issues that we have identified.”


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Mr Owens said the group would challenge the decision on four grounds: unlawful decision, irrational decision, procedural impropriety and unfair decision.

The Stray Ferret approached North Yorkshire Council for comment, but did not receive a response by the time of publication.

The move comes after the government approved plans for the service station following a series of public inquiries and planning battles.

In a saga which has spanned a quarter of a century, Applegreen’s application has been before multiple council planning committees, faced four public inquiries and been turned down twice by the Secretary of State and the High Court.

The inquiry, which was held by planning inspector David Rose and streamed onto YouTube, lasted two weeks and included multiple testimonies from residents, campaigners and developer Applegreen.

In a decision notice, Mr Rose said after considering the evidence that the benefits of a service station would outweigh the harm.

Harrogate Station Gateway ‘on life support but not dead yet’

North Yorkshire Council’s transport leader Keane Duncan has said he remains hopeful that £11m of government money will be spent on a transport improvement scheme around Harrogate Station.

But he admits the troubled Station Gateway project will have to be altered for it to stand a chance of succeeding.

The Conservative councillor discussed the scheme, which was paused last month following a legal challenge from Hornbeam Park Developments, in an interview with the Local Democracy Reporting Service.

Cllr Duncan, who is standing for the Conservatives in next year’s first York and North Yorkshire mayoral election, talks about how the council got into this situation, whether it has failed cyclists and pedestrians in the town and what will happen now.

North Yorkshire Council’s executive will meet on Tuesday, September 19 to decide its next move regarding the project, which aims to improve walking and cycling.

Lay out the options for the Station Gateway and what the most realistic outcome is?

There are essentially three options now open to us. The first option is to push ahead with the current gateway plan – a plan that will almost certainly be challenged again and therefore time out.

The second option is to axe the gateway completely – a decision that will see £11m of investment lost and diverted elsewhere by the government.

The third is to produce an alternative scheme that achieves public support and has a realistic chance of success.

My sincere hope is to find a way forward that secures £11m of investment for Harrogate.

Did the council prepare contingency plans for the gateway money and could it be spent elsewhere in Harrogate?

The Transforming Cities Fund investment cannot be spent on anything other than some form of Transforming Cities Fund project. While it would be possible to revise the current gateway scheme, it is incorrect and insincere for anyone to suggest funding can be directed to entirely different projects.

We have never had that ability, and we do not have that ability now.

It is always easiest for politicians to walk away, to give up, to standstill. Doing nothing is always more expedient than trying to do something.
But I believe very strongly we should exhaust every avenue before rejecting £11 million out of hand.

This section of Station Parade would be reduced to single lane traffic under the scheme.

What do you think about Harrogate and Knaresborough MP Andrew Jones’s comment that the gateway is a “timed-out dead scheme”?

The Gateway is not timed out – yet. The gateway is not dead – yet. But it is fair to say the gateway is on life support. Andrew wants to secure investment for Harrogate. The Liberal Democrats say they want to secure investment for Harrogate. I do too, and I will do my best to deliver on that objective.

Will the Department for Transport extend the Transforming Cities Fund deadline if you decide to put forward a different scheme or make changes?

We must spend TCF funding by March 2025 at the absolute latest.
We are now in a race against time to meet this deadline and secure investment for Harrogate.

While the timetable is very tight, it does remain possible to deliver a scheme, albeit perhaps not necessarily exactly as first planned.

We are working very closely with the Department for Transport and the West Yorkshire Combined Authority. Their support will be absolutely critical.


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The council has admitted errors were made in the consultation stages. Who is being held accountable and do you feel let down?

The gateway decision was rescinded for the simple reason that the loading restrictions proposed for James Street require a public inquiry to be held if an objection is received.

Our legal team quickly accepted this requirement had not been met.
It is surprising that the legal counsel we engaged failed to advise us of this key, fundamental point and it is right that the council pursues that.

But my focus right now is not on apportioning blame or on looking back at the past. It is on the tricky challenge of determining what to do next.

As executive member you inherited the project from your predecessor Don Mackenzie. If you had the project from the beginning what would you have done differently?

I was not involved at the start. I wasn’t part of the discussions. When I inherited the scheme, I pursued the fairest and most democratic possible course of action I could. I made clear I would let Harrogate’s councillors decide the way forward.

The majority backed the scheme and I followed their will. The Liberal Democrats have since wobbled in the face of pressure and backtracked. They have shown they cannot provide leadership or direction for Harrogate. They cannot stand by a decision.

I am prepared to do what I takes to deliver investment. The Liberal Democrats are not being quite so clear and straightforward with the people of Harrogate.

James Street traffic order

Cllr Duncan says he’s “surprised’ the council’s legal counsel didn’t say the loading restrictions proposed for James Street required a public inquiry.

Harrogate District Cycle Action has criticised the council’s track record in delivering active travel in the town. Do you accept this criticism and will the gateway situation make it more difficult to win funding from government for future schemes?

While fair challenge and scrutiny is very much welcome, relentless criticism from some cycling campaigners is totally counterproductive to delivering the active travel improvements they are seeking.

A further, significant deterrent to progress is unhelpful division between motorists and cyclists, sometimes stirred up by deliberate provocation. It creates a very difficult context to deliver any change or progress in Harrogate.

I have attempted to heal divisions in my role. I removed Beech Grove so we could take a step back and think of an alternative. I halted phase two of the widely-condemned Otley Road cycleway. That’s allowed us to devise a £585,000 transport package with much wider benefit.

We can make progress and we are making progress, but this is never straight forward. We need a more strategic view and looking ahead to devolution we will have that opportunity.

Chris Bentley is a wealthy local businessman who owns Hornbeam Park Developments. He could effectively put a stop to £11m of investment, which narrowly has the support of the public, into Harrogate town centre. How do you feel about this?

Legal challenge is a risk to any project. It is a fact of reality. We cannot eliminate that risk, but we should be mindful of it and we should do what we can to minimise the risk as we seek to secure positive investment for Harrogate.

Since the Uxbridge by-election, the Prime Minister and the Conservatives have come out against some active travel schemes. If the gateway is shelved, will this help or hinder your hopes of becoming mayor?

My position on gateway will not be determined by whether it helps or hinders me electorally. Chasing popularity is not governing. It is not acting in the public interest. It is knee-jerk, reactionary politics that will continue to let Harrogate down.

I will be a mayor who is prepared to make decisions, even if they are tough, to fight for what I believe in, even if it may not be universally popular, and to be honest about the steps we need to take to address the very serious and growing transport issues Harrogate is facing.