Claimant seeks judicial review of grant of planning permission which will see closure of highway

The City of York Council has been threatened with a judicial review of its decision to grant planning permission for the extension of a museum which detractors argue involves removing a vital route into the city for pedestrians and cyclists.

Dr Paul Clarke, who is behind the judicial review challenge and who lives and works along the affected road, said he believes genuine concerns from residents were ignored by the council during the planning process.

The green-lit application will see the construction of a new central hall and a cafe at the National Railway Museum.

The project's footprint spreads across part of Leeman Road, a highway which runs near York train station and into the centre of the city.

Planning documents show that Homes England and Network Rail were granted a Stopping Up Order (SOU) by the Department for Transport last year, meaning highway rights will be removed from a 220-metre stretch of the road to make way for the development.

Pedestrians will still be able to cross through the museum by way of a designated walkway implemented via a Walkway Agreement under Section 35 of the Highways Act 1980, but this path will only be open during museum opening hours.

According to the claimant, the closure of the road will remove the only direct and safe route to and from the city centre for pedestrians and cyclists that is available throughout the year.

In a summary of his position posted to his crowd justice page, Dr Clarke said that, in closing the Leeman Road pedestrian and cycle route, the council put the commercial interests of the museum "ahead of the interests of the community".

Dr Clarke has instructed planning lawyers at Walton & Co.

Over £6,000 has been donated to Dr Clarke, exceeding the initial target of £5,000. This covers the cost of a pre-action protocol letter sent by the claimant late last month (31 August).

According to the post, "substantially more" money will be needed to cover legal expenses associated with the judicial review.

The local authority has until mid-September to respond to the letter before claim.

A spokesperson for the City of York Council said: “We have received a pre-action letter regarding the recent Planning Committee decision in relation to approval of an application for the expansion of the National Railway Museum. We are currently reviewing it and we will respond accordingly.”

Adam Carey