Multi-million-pound A1(M) motorway services scheme quashed by High Court

A decision to grant planning permission for a multi-million-pound motorway service area (MSA) off the A1(M) in North Yorkshire [1] has been quashed by the High Court. 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 at Catterick.

Plans for the MSA at Pallet Hill Farm were approved by North Yorkshire Council's (NYC) strategic planning committee in December 2024. But Moto, which runs a service area at Scotch Corner and has planning permission in place to redevelop Barton Services into an MSA, challenged the decision at the High Court in Leeds.

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The challenge was based around the risk of the site flooding, with recent flood risk mapping issued by the Environment Agency showing the site as having areas at a high risk of flooding (zone 3) and some areas of medium risk (zone 2). Moto argued that Roadchef had not demonstrated that there were no alternative sites for the development in areas with a lower risk of flooding.

The council had then accepted the applicant's submissions ahead of the planning committee's vote, it was claimed.

The court agreed, with the decision notice stating: "The (council) officer's report wrongly accepted that the flood risk sequential test was 'passed' without a flood risk-based sequential assessment of alternative locations for the proposed development. The report displays a flawed approach to national policy in this regard, which is a material error in the context of the decision as a whole."

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The application will now need to be reassessed by the council, with a new consultation process already underway. The court ruled that North Yorkshire Council must pay Moto's costs.

The application was approved in 2024 despite widespread objections from the local community, amid claims the scheme would "decimate" a wildlife haven. Campaigners said it would destroy a Site of Importance for Nature Conservation used by red-list protected migratory birds, including curlew and lapwing.

Campaigners and several councillors also voiced concerns about proposed mitigation measures, which included a new habitat for wildlife on land around ten miles away at East Cowton.

The application had been provisionally approved by members of Richmondshire District Council in 2022, but was being brought back to NYC because of a legal issue.

North Yorkshire Council's corporate director for community development, Nic Harne, said: "We acknowledge the High Court's decision and fully accept the outcome. A revised application has now been submitted, and we will review it through the normal planning process." Advertisement

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A spokesperson for Roadchef said the High Court ruling was an "unfortunate and disappointing issue" which was brought about by a technical error.

They added: "The proposed Motorway Service Area at Catterick received provisional approval from Richmondshire Council in 2022 and approval from North Yorkshire Council in 2024.

"This development represents a critical piece of infrastructure and investment for the strategic road network and will deliver substantial benefits to the local economy.

We are actively working with North Yorkshire Council to resubmit this application and remain committed to delivering this development."

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References

^ North Yorkshire (www.gazettelive.co.uk)
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