'We will take our fight to the Supreme Court' say opponents of controversial £14.3m Harrogate Gateway plan
The Court of Appeal has dismissed an appeal into the controversial £14.3m Harrogate Gateway scheme by opponents who now say they will take their fight to the Supreme Court.
The appeal, brought by A & E Baines Ltd and led by a Harrogate-based campaign group called Get Away, challenged four traffic regulation orders (TROs) which are linked to the long-delayed scheme by North Yorkshire Council.
The orders include 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.
In a judgment on Thursday, March 12, the Court of Appeal upheld an earlier High Court ruling, firmly rejecting all three grounds of appeal.
But the ruling may not be the end of the line for the opponents of Gateway.
Responding to the news, a Get Away spokesperson said: “We are extremely disappointed by the outcome and 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.”
Giving the leading judgment, Lord Justice Lewis emphasised that the role of the court was to ensure decisions are taken lawfully, not to determine the merits of traffic or transport schemes, which remain matters for the local authority.
The court found that:
North Yorkshire Council was not required to carry out further public consultation on the revised scheme before making the traffic regulation orders.
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 sound, properly reasoned and based on relevant considerations, with no evidence that councillors were misled or that material issues were ignored.
Dismissing the appeal, Lord Justice Lewis stated that “there was nothing irrational or unlawful about the way in which the respondent was proceeding” and “the appropriate arrangements for the regulation of traffic in Harrogate is a matter for the local authority to decide”.
The judgment confirms that the council acted within its powers under highways and traffic legislation.
North Yorkshire Council’s executive member for highways and transport, Coun Malcolm Taylor, said: “We welcome the Court of Appeal’s decision confirming that the council acted lawfully and appropriately at every stage.
“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 in this key part of Harrogate."
North Yorkshire Council is now working with partners to secure the funding to commence the scheme at the earliest opportunity.
The scheme includes the redevelopment of One Arch and Station Square, improved traffic signals, a bus lane, a southbound cycle lane on Station Parade, new paving for pedestrians and cycle parking at Harrogate Railway Station.