Help us hold North Yorkshire Council to the rule of law
Help us hold North Yorkshire Council to the rule of law
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- the application relied upon environmental information that may have been out of date;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 today. Every 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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