Judicial Review Setback for Harrogate Station Gateway

North Yorkshire Council (NYC) has ‘rescinded the decision to proceed’ with Harrogate Station Gateway following the launch of legal proceedings.

Judicial review proceedings were started by Hornbeam Park Developments on 14th August 2023.

The grounds include an alleged failure to disclose documents relating to climate change. This is said to amount to a failure to consult properly.

In opposing this public realm and active travel scheme, the applicants claim to be championing the climate and environment. They appear to believe that the best approach is to carry on with business as usual.

The application for judicial review was reported by the Stray Ferret, which I understand is owned or part-owned by Mr Chris Bentley. Mr Bentley is also centrally involved in Hornbeam Park Developments.

Response from North Yorkshire Council

NYC responded yesterday as follows.

‘We have received a legal challenge to the Executive’s decision to progress the Transforming Cities Fund scheme in Harrogate.

Having taken external advice on the grounds of the challenge and having fully considered the matter, we have rescinded the decision to proceed with the scheme at this stage in order to avoid further costs and time delays.

A further report will be considered by the Executive soon, which will set out next steps and timescales for the project in line with legal advice.

We will be taking further advice before deciding how best to proceed.’

corporate director karl battersby on behalf of nyc

Third Consultation

The third consultation on the scheme was held specifically to deal with the threat of judicial review.

It is reasonable to expect, therefore, that NYC took great care to make sure that the consultation was not open to legal challenge.