£27m bill for repairs to Whitby and Scarborough harbours 'likely to be underestimate' say campaigners

It comes as a private individual, Sue Boyce, took the council to court in London to try and prove that income from harbour land should be ringfenced for the harbour only, as written down in a 119-year-old piece of legislation.

Judge Mr Justice Sweeting has reserved judgement until later this year in a case which will set an important precedent for other harbours, including Scarborough.

A report to a NYC scrutiny committee on Monday says: "Across the harbours there are a number of areas of sheet piling and other structures that are in very poor condition and at risk of failure".

The report claims a "comprehensive infrastructure investment programme" has been developed prioritising areas where work is needed first, including repairs to sheet piling at Scarborough West Pier and both ports’ lighthouses.

However no mention is made of long-running and apparently unresolved issues with the extensions to the piers at Whitby Harbour.

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Mrs Boyce said she felt the case had gone well, but NYC could appeal if it didn't go their way. She felt the £27m figure from her own extensive research looks "way too low".

Fight4Whitby, which is fundraising to back Mrs Boyce's legal case, are concerned vital surveys haven't been made of the pier extensions, despite a report 15 years ago by consultants Royal Haskoning.

The structures were built between 1908 and 1914 with in situ unreinforced concrete on top of a mudstone strata.

Nearly sixty years ago scour protection was put in to prevent the sea carving out the mudstone underneath, but in 2008 Royal Haskoning found a giant hole at the landward end of the east extension in a dive survey.

This was fixed in an emergency repair costing nearly £3m, however no such work has been done to the sheet piling protecting the extensions more than a third of which, at the time, was "disintegrated, holed or excessively corroded".

Worryingly there were also 95 further voids which had started to develop in the mudstone under the extension foundations.

Because of the huge cost, Scarborough Council decided the crumbling east and west piers should take priority.

Royal Haskoning agreed work 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.

Fight4Whitby member, Vin McLaughlin said there had been a suspicion that because the concrete originally was poured from a height, the materials had separated leaving some areas as mortar which doesn’t stand up to the sea as well.

The retired commercial director for Skanska made freedom of information requests to Scarborough Council, which was abolished last year, but the council was "unable to confirm" any survey had been carried out on the extensions since 2008. They also had no record of core samples being taken.

Mr McLaughlin said: "Scarborough Council decided without explanation, to ignore the two strict conditions set by Royal Haskoning.

"It’s been 16 years since they did a dive survey – you might wonder how bad it is

"I can understand money is an issue, but if you don’t do proper inspections and early maintenance, a minor problem becomes a major one."

NYC was approached for a comment.