Council disputes objection to motorway services

North Yorkshire Council has rejected a claim from campaigners that a decision over controversial plans for a new motorway services near Boroughbridge would be unlawful.

Members of Kirby Hill Residents Against Motorway Services (RAMS) had claimed councillors should not be allowed to decide a planning application from Welcome Break for the new services on the A1(M) at Kirby Hill.

Outline planning permission was granted in 2021 following a public inquiry after more than 20 years of legal wrangles.

However, Kirby Hill RAMS claimed that key drawings and technical details were submitted after a 2024 deadline, meaning the original permission may have expired.

"If the outline consent has lapsed, the reserved matters application would have no legal foundation," said Kirby Hill RAMS chair Gareth Owens.

"In those circumstances, the council may have no lawful power to determine the application."

According to the Local Democracy Reporting Service, campaigners say North Yorkshire Council disputes their interpretation and believes the outline permission remains valid, but has refused to explain its legal basis for its position.

"The council is asserting that the outline permission remains extant, but it will not explain the legal reasoning behind that conclusion," added Owens.

In response to the claims, the council's head of development management, Martin Grainger, said: "We take all concerns made to us seriously and consider any issues raised by our communities.

"However, in this particular case, we believe our approach has been correct and therefore refute the claims made by the community group."

The dispute comes after the High Court recently quashed North Yorkshire Council's decision to approve another motorway service area.

The ruling came after a legal challenge by rival services operator Moto to Roadchef's plans for an 11-hectare former quarry site off junction 52 on the A1(M) at Catterick.

The Local Democracy Reporting Service has contacted Welcome Break for a comment.

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