Decision

The results of the consultation exercise were
noted.
Decision makers were also updated as to a recent decision to grant
permission for the claimants to appeal the High Court decision to
the Court of Appeal regarding a council decision to approve
previous related Traffic Regulation Orders (TROs),
Decision makers were also updated on a recent letter received from
the claimants’ solicitor suggesting the council await the
outcome from the Court of Appeal prior to making a decision on the
TRO, and:
i)the Corporate Director - Environment, in consultation with the
Executive Member for Highways and Transportation, does not consider
a Public Inquiry is appropriate for the reasons set out in para
10.1 and 10.2 above and approves the making of the TRO to come into
force on 1 July 2026;
ii)the Assistant Chief Executive (Legal and Democratic Services) is
authorised to seal the relevant TRO by the Corporate Director,
Environment in consultation with the Executive Member for Highways
and Transportation in light of the objections received and that the
objectors are notified within 14 days of the order being
made.

Reasons for the decision

After consideration of the outcome of the
public consultation and statutory advertisement – the
decision has been taken to introduce a Traffic Regulation Order to
facilitate the Harrogate Transforming Cities Fund (TCF) project
proposals.

Following Legal advice, the decision was made as the High Court
decision regarding the approval of previous TROs stands and can be
relied upon until a decision to the contrary.

Alternative options considered

Not to approve the making of the Traffic
Regulation Order.