The Court of Appeal has thrown out a legal challenge against the Harrogate Gateway scheme, upholding a council’s right to proceed with a major town centre transformation aimed at improving public transport and pedestrian access.
The appeal, brought by A & E Baines Ltd and backed by the campaign group Get Away, challenged four traffic regulation orders linked to the scheme. These include a combined bus and cycle lane, one-way traffic arrangements, and turning restrictions near Harrogate’s bus and railway stations.
In a judgment handed down on 12 March, the Court of Appeal rejected all three grounds of appeal, upholding an earlier High Court ruling that found North Yorkshire Council had acted lawfully.
Lord Justice Lewis, delivering the leading judgment, emphasised that the court’s role is to ensure decisions are taken lawfully, not to determine the merits of traffic schemes – which remain matters for the local authority. He found there was “nothing irrational or unlawful” about the council’s approach and that “the appropriate arrangements for the regulation of traffic in Harrogate is a matter for the local authority to decide.”
The ruling confirms the council was not required to carry out further public consultation on the revised scheme before making the traffic regulation orders; that it was lawful to proceed with four orders while a fifth related order was being modified; and that its decision-making was sound, properly reasoned, and based on relevant considerations.
Cllr Malcolm Taylor, executive member for highways and transport, welcomed the decision. ‘This is the second time we have had to defend our position in the court and both times we have won all points convincingly,’ he said. ‘While our costs are recouped from the applicant, we have wasted a significant amount of time and energy on these two unjustified appeals.’
The scheme, predominantly funded by the Government’s Transforming Cities Fund, includes the redevelopment of One Arch and Station Square, improved traffic signals, a new bus lane, a southbound cycle lane on Station Parade, new paving for pedestrians, and cycle parking at Harrogate Railway Station. It also includes improvements to traffic signals at key junctions on the A61.
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.
North Yorkshire Council was awarded £38 million to deliver schemes in Harrogate, Selby, and Skipton. The council is now working with partners to secure the necessary funding and agreements to commence the Harrogate scheme at the earliest opportunity.
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