Decision details

Judicial Review Claim regarding Decision on the Harrogate Station Gateway Scheme

Decision Maker: Assistant Chief Executive - Legal and Democratic Services

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


To agree to quash the decision made by the Executive on the 30th May 2023 to proceed with the Harrogate Station Gateway Project on the basis that it did not hold a public inquiry before approving the proposed traffic regulation order. The Council has received a legal challenge to this decision by way of Judicial Review, which was issued on the 14th July.

Reasons for the decision:

The Council received a legal challenge by way of judicial review to the decision of the Executive on 30 May 2023 in relation to the Harrogate Transforming Cities fund project. The challenge is brought on 6 grounds based on procedural matters in relation to the decision. Having considered the legal arguments put forward by the challenge and consulting with the relevant Executive member, it is considered prudent to consent to the quashing of the decision of the Executive to protect the Council’s interests.

This decision has been made in order to ensure court timetables can be complied with and avoid any further exposure to costs and time delays. A further report on the project will be considered by Executive in due course, which will set out next steps and timescales for the future consideration of the project.

The Monitoring Officer is authorised to compromise any claims or legal proceedings under the Council’s constitution (Paragraph 11.3 of Specific delegations -page 186).

Alternative options considered:

The possibility of fully defending the legal challenge was considered and to have this mattered determined by the Courts. However due to the necessity of having a public inquiry before confirming the relevant traffic regulation order, it was considered prudent to accept this ground of challenge.

Publication date: 22/08/2023

Date of decision: 07/08/2023