The Court of Appeal has dismissed an appeal against the Harrogate Gateway scheme, confirming that North Yorkshire Council acted lawfully.
The Transforming Cities Fund scheme is aimed at improving Harrogate town centre’s public realm, provide better access to public transport, and ensure people are connected to economic and education opportunities.
The appeal, brought by A & E Baines Ltd and led by a campaign group called Get Away, challenged four traffic regulation orders (TROs) which are linked to the scheme.
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, 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.
- 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.
North Yorkshire Council’s executive member for highways and transport, Cllr 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, giving the leading judgment, emphasised that the role of the court is to ensure decisions are taken lawfully, not to determine the merits of traffic or transport schemes, which remain matters for the local authority.
The judgment confirms that the council also acted within its powers under highways and traffic legislation.
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 council is working with partners to secure the necessary funding and agreements to commence the scheme at the earliest opportunity.
A spokesperson for the Get Away campaign 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 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.
There will also be improvements to traffic signals on the A61 at the junctions of King's Road and Ripon Road, and King's Road and Cheltenham Parade.
The scheme is predominantly funded through the Government’s Transforming Cities Fund (TCF), which is a major programme of transport infrastructure investment covering the Leeds City Region.
The aims of the programme are to provide more accessible, affordable and attractive greener transport options, connect people to employment and educational opportunities, and create happier and healthier communities.
The council were awarded £38 million to deliver schemes in Harrogate, Selby and Skipton.
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