Campaigners opposing the proposed Vale of York motorway service area (MSA) have launched a High Court challenge against North Yorkshire Council’s decision to approve the scheme.
Kirby Hill RAMS (Residents Against Motorway Services) has instructed public law firm Leigh Day to begin Judicial Review proceedings over the council’s approval of Welcome Break’s Vale of York motorway services development.
The group says it will ask the High Court to consider whether the decision was made lawfully.
The group has launched a crowdfunding appeal to help fund the legal action.
RAMS claims there are serious legal questions surrounding the approval, including whether the outline planning permission had expired before reserved matters were approved, whether councillors were given all the relevant information before making their decision and whether important planning issues were incorrectly left to be dealt with through planning conditions.
Chair Gareth Owens said:
“This is no longer simply a planning dispute. It is a question of whether North Yorkshire Council followed the law when determining one of the county’s largest development proposals.
“Judicial Review is not an appeal against the planning merits. It is the legal process Parliament has established to ensure that public authorities act lawfully.
“We believe there are serious legal questions that deserve independent scrutiny by the High Court.”
The proposed Welcome Break service area would be built on land next to the A1(M) close to the village of Kirby Hill.
An artist's impression of the proposed Vale of York MSA at Kirby Hill.
RAMS said it has opposed motorway service proposals at the site for almost 30 years, noting that Harrogate Borough Council refused planning permission for around 25 years, with those decisions defended through planning appeals, public inquiries and previous High Court proceedings.
Mr Owens said the campaign was “far from over” despite North Yorkshire Council approving the reserved matters application last month.
The group’s initial fundraising target is £10,000 to cover the pre-action stage of the Judicial Review.
If permission is granted for the case to proceed, RAMS expects to launch a second appeal to fund the High Court proceedings.
Mr Owens added:
“Whatever the outcome, this case has implications well beyond Kirby Hill.
“It raises important questions about how England’s new unitary authorities make major planning decisions and whether legal safeguards designed to protect communities are being properly observed.”
North Yorkshire Council approved the reserved matters application for the service area last month.
Officers advised that the principle of the development had already been established when outline planning permission was granted in 2021, meaning the committee could only consider the detailed design and layout rather than whether the services should be built.
The development will include 364 car parking spaces, 90 HGV spaces, coach, caravan and motorcycle parking, fuel filling stations, a drive-through coffee shop and an amenity building.
At the meeting, the RAMS group argued the application should not be determined because of unresolved legal issues.
The group questioned whether the application had been submitted before the 2024 deadline attached to the outline consent and claimed the plans had changed significantly since outline approval, including the loss of additional agricultural land, alterations to the bridge and roundabout, and changes to the drainage system.
The Local Democracy Reporting Service has contacted North Yorkshire Council for comment.
To view the CrowdJustice appeal, visit www.crowdjustice.com/case/supportrams
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