Legal challenge launched to stop building of offices on Endeavour Wharf
Campaigners have launched legal action to try to stop Whitby Harbour from being “stuffed forever” by the building of “speculative” offices on the quayside.
Lawyers for Fight4Whitby have issued North Yorkshire Council a "pre action protocol for judicial review" over the £10m maritime hub being built on Endeavour Wharf.
It came after the group won a High Court case against the council after a ten year legal battle, proving that millions of pounds raised from reclaimed land now used as car parks in Whitby – like Endeavour Wharf - should have been ringfenced for the use of the harbour.
Fight4Whitby want the quayside put back to how it was before work commenced on the hub – which would provide training facilities and accommodation for maritime businesses and service providers, but as yet doesn’t have an operator.
They say the wharf is the only suitable place for a site compound to service essential repairs to the harbour's piers and extensions.
Contributors to the legal costs include Sue Boyce and former Mayor of Whitby John Freeman, who are using the money they have recently been reimbursed after winning their High Court action.
Emergency repairs were carried out on the east pier extension in 2011 to 2012, and £8m repairs were eventually done on the east and west piers in 2017 to 2018.
Consultants Royal Haskoning agreed major repairs to the extensions could be deferred until 2032 "subject to two strict conditions" - a dive survey every five years and core sampling to keep tabs on erosion, which appear to have been ignored.
Fight4Whitby are concerned that the work won't be done in time, and say the consequences of non-action would be hugely damaging.
If the harbour had to close, neither the fishing fleet nor the RNLI would be able to get out to sea, 500 homes would be at increased risk of flooding, and Whitby’s Blue Flag beach would be impacted.
Mr Freeman claimed NYC is "hellbent" on getting the hub built because of time constraints on the funding, which is coming from the government's Town Deal.
He said Mr Justice Sweeting's ruling "laid it out in black and white – it is time for the council to reread his judgement and understand it.
"They are in such a rush that they don't actually look at the fact they are the harbour authority and they are law-bound to go through all the practicalities of checking with the statutory authorities.
"The law is that the wharf has to be retained as a loading and unloading area for ships - some people say that will never happen.
"But that area is vital. If it is a car park it can be cleared in 24 hours for emergency work - put a building on it and it's stuffed forever."
NYC’s corporate director for environment Karl Battersby said work had started on the hub “as part of our continued commitment to invest in and support a thriving economic future for Whitby.
"We can confirm that we have received a formal letter before action.
"We are unable to comment further at this time.”