Whitby Harbour: Legal challenge could see North Yorkshire Council forced to pump millions into upkeep of harbour

It hinges on a Whitby Urban District Council Act of 1905 that states all revenue raised from the harbours should be used to maintain them. The court will determine the extent of harbour land and whether the Act is still in force – and if so how much money should be returned to the harbour reserves.

Former Scarborough Council's external auditors Mazars said in 2018 the case "would appear to have potential implications for other harbour authorities".

Mrs Boyce has ended up pouring tens of thousands of her own money into the case "so we have something to pass to future generations".

Scarborough Council spent £280,000 on legal and audit costs fighting the case until its abolition last March, while since taking over North Yorkshire Council has spent at least £33,000. Consultants Royal Haskoning found urgent work was needed on the harbour and the piers were strengthened in 2018 in a £7.6m programme. However Mrs Boyce says the remaining work on the piers’ extensions has been delayed through a lack of funding.

Income of over £1m a year coming from car parks built on reclaimed harbour land would go a long way to making vital repairs.

She said: "A 2009 estimate said they needed to spend another £20m on the extensions by the end of this decade. That's based on the climate change forecast from 2006. Floods are increasing, Whitby is zone 3, and there's a very real danger of more flooding."

If the defences fail, more than 100 homes and businesses would be at risk of flooding.

Mrs Boyce said: "If you’ve ever visited Whitby you’ll understand why we love it so much and want to protect its unique appeal. Given the current forecasts of rising sea levels and more extreme storms we need to repair the piers and safeguard Whitby for future generations."

She believes the harbour income was raided from around 2003 after a £30m overspend on the sea wall in Scarborough, which led to a National Audit Office inquiry.

In 2021, Scarborough councillors voted to take proceedings to court over the objection which meant the authority’s financial accounts were not signed off from 2015.

North Yorkshire Council declined to comment ahead of the court case. See page 8.