Help us hold North Yorkshire Council to the rule of law

by Kirby Hill RAMS (Chair: Mr. Gareth Owens)

Help us hold North Yorkshire Council to the rule of law

by Kirby Hill RAMS (Chair: Mr. Gareth Owens)
Kirby Hill RAMS (Chair: Mr. Gareth Owens)
Case Owner
We are an independent residents' group in Kirby Hill, North Yorkshire that has engaged for 30 years with planning applications for a proposed motorway service area on the A1(M) near our village.
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Kirby Hill RAMS (Chair: Mr. Gareth Owens)
Case Owner
We are an independent residents' group in Kirby Hill, North Yorkshire that has engaged for 30 years with planning applications for a proposed motorway service area on the A1(M) near our village.

Latest: Sept. 7, 2026

The Council wants to fight us in the High Court

Last week we heard from North Yorkshire Council, which has decided to defend our legal challenge in the High Court.

The Council maintains that it did nothing unlawful and says our grounds for Judicial…

Read more

We are asking the High Court to examine whether one of North Yorkshire's biggest strategic planning decisions was made lawfully.

Initially, we are raising £10,000 to fund the pre-action phase of a Judicial Review claim.

Every donation will help our community gain access to justice.

If our claim succeeds, the High Court may quash the planning permission. The consequences will depend on the Court's judgment and the legal grounds on which it reaches its decision.

The Court's judgment could also provide important guidance for planning authorities across England considering similar issues. Other public authorities would take note, helping ensure a fairer planning system for all.


Who are we?

For thirty years, Kirby Hill Residents Against Motorway Services (RAMS) has worked constructively with local authorities, statutory consultees and developers in relation to proposals for motorway services in the Vale of York.

For twenty-five years Harrogate Borough Council refused permission for the development. Those refusals were defended through repeated appeals, three Public Inquiries - at which RAMS appeared as a Rule 6 Party - and two High Court cases.

On 21 July 2026, new devolved Local Authority North Yorkshire Council approved the scheme.

We believe that decision raises serious legal questions which deserve independent scrutiny by the High Court.

This campaign is not about re-running planning arguments.

It is about ensuring that public authorities follow the law.


What went wrong?

We believe there are several arguable legal grounds, including whether the Council may have acted unlawfully because:

  • the outline planning permission had expired before Reserved Matters were approved;
  • statutory objections were not properly presented to councillors;
  • the application relied upon environmental information that may have been out of date;
  • councillors may have been misdirected on important legal issues;
  • critical planning matters were deferred to conditions instead of being decided before permission was granted.

These are legal questions for the High Court to determine - not RAMS.


Why is this more than a local issue?

This case raises wider questions about how, across England, new unitary authorities like North Yorkshire Council determine major development proposals. If important legal safeguards can be overlooked in one case, the implications extend far beyond a single village like Kirby Hill. Whatever the outcome, clarification from the High Court could benefit communities and planning authorities nationwide.


What are we doing?

We have instructed Leigh Day, one of the UK's leading public and environmental law firms.

Our immediate objective is to complete the Pre-Action Protocol - the formal legal process required before Judicial Review proceedings can be issued.

Specialist planning Counsel will also be instructed to advise on the merits of the claim.


How much are we raising and why?

We are initially looking to raise £10,000.

This will fund:

  • specialist legal advice;
  • counsel's opinion;
  • preparation of the Pre-Action Protocol letter;
  • correspondence with the Council and other parties.

If our legal team advises that the claim should proceed, we expect to launch a second fundraising campaign to cover the costs of issuing and pursuing the Judicial Review.

All donations are paid directly into Leigh Day's regulated client account and can only be used for the purposes authorised by CrowdJustice. Any unused funds will be managed strictly in accordance with CrowdJustice unused funds rules.


How can I help?

Public authorities exercise significant powers over our communities.

Those powers must always be exercised lawfully.

If you believe planning decisions should be transparent, accountable and made according to law, please donate todayEvery contribution - large or small - helps ensure that ordinary citizens can obtain access to justice.

Please share this page on social media and directly with any people or organisations you know who may be interested.

Together, we can hold large public authorities like North Yorkshire Council to account.

Thank you for your interest and support.

Gareth Owens

Chair, Kirby Hill RAMS

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Update 3

Kirby Hill RAMS (Chair: Mr. Gareth Owens)

Sept. 7, 2026

The Council wants to fight us in the High Court

Last week we heard from North Yorkshire Council, which has decided to defend our legal challenge in the High Court.

The Council maintains that it did nothing unlawful and says our grounds for Judicial Review are "unarguable". We received a similar response from lawyers acting for Welcome Break, supporting the Council's position.

We disagree, and our legal challenge is continuing.

We have now moved to the second phase of our campaign and filed our claim for Judicial Review with the High Court.

The parties' legal arguments must now be prepared and submitted so that a judge can decide whether to grant permission for the case to proceed to a full High Court hearing. It remains open to the Council to reconsider its position and concede the claim during this process.


We now need to raise £36,000

This permission phase requires an additional £30,000 towards our legal costs. Thanks to the extraordinary generosity of over 70 individuals and organisations, we exceeded our original £6,000 target for the pre-application phase, giving us a strong start.

We have therefore increased our CrowdJustice target to £36,000.

Please share our CrowdJustice campaign as widely as possible.

Our case raises important questions about the lawfulness and accountability of local authority decision-making on major developments. Communities throughout the country rely upon councils applying planning law properly and following the legal safeguards that govern major planning decisions. It is an area of huge national controversy currently.

We are particularly keen to reach individuals and organisations that may be able to make significant contributions of £5,000, £2,000 or £1,000. If you know a person or organisation who may be willing to support an important environmental and planning-law challenge in this way, please contact them and share our campaign link.

Next update in a week or so, when our claim has been sealed by the High Court and served on the Council...

Best wishes

Gareth
Chair, Kirby Hill RAMS

Update 2

Kirby Hill RAMS (Chair: Mr. Gareth Owens)

Aug. 23, 2026

Initial target reached. Council response to PAP awaited.

With one week to go, thanks to our wonderful donors, we've exceeded our initial fundraising target of £6,000. This means that our legal fees for the pre-application stage of the Judicial Review are now covered. Any additional funds raised towards our stretch target of £10,000 will help us in the next stage - making a claim in the High Court.

A response from North Yorkshire Council to the pre-application protocol letter sent by our lawyers, Leigh Day, is expected this week.

The Council could admit the error of its ways, agree with us that it acted unlawfully and quash the planning decision. We hope the Council will give very serious consideration to the legal arguments made by our public and environmental law experts at Leigh Day and our external specialist Counsel. They know their stuff!

Agreement to quash the decision at this stage would save taxpayers' money.

Alternatively, the Council might choose to defend the case and face its own residents in the High Court. We are prepared for this eventuality. Leigh Day are ready to submit a claim for Judicial Review in the High Court by the deadline of 1st September. Our experience of crowdfunding the pre-application stage and exceeding our target gives us confidence that we could also fund a High Court case.

Thank you for your support of Kirby Hill RAMS and our efforts to hold North Yorkshire Council to the rule of law.

Best wishes

Gareth

Disclaimer: CrowdJustice sends out e

Update 1

Kirby Hill RAMS (Chair: Mr. Gareth Owens)

Aug. 16, 2026

Pre-Application Protocol letter served!

With donations reaching 62% of target at the half-way point, last Tuesday Leigh Day served our Pre-Application Protocol letter on North Yorkshire Council. This is the first step in any Judicial Review. The Council has two weeks to respond.

Please keep donating and sharing the campaign, so that we can fund the next stage - a claim in the High Court - if the Council decides it wants to fight its own residents in court.

After 30 years on the case, we are serious about holding our Local Authority to account for its planning decision-making. In the current political climate, communities need to stand up for their legal rights and ensure England's new unitary authorities respect them.

It will be an interesting and newsworthy test case if it goes to court.

We'll keep you posted.

Gareth

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