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Further Delay to Whitby Harbour Court Case

Wednesday, 2 November 2022 06:00

By Matthew Pells

The long running case might not now be heard before the borough council is abolished.

A court case to determine how revenue from Whitby Harbour should be spent has been further delayed by the amount of documentation involved.

The case revolves around whether or not income from land around the harbour needs to be ring-fenced for harbour use or can be used as part of general council funds.

Scarborough Borough Council is seeking a high court ruling on the issue. But the Fight 4 Whitby group who raised the issue have asked for more time to process the council's documentation.

The council's monitoring officer - Lisa Dixon - updated members of the audit committee, explaining why the council had agreed to the request for a delay.

Lisa Dixon also informed councillors that the delay might mean that the case would now not be heard before the borough council is abolished next April.

The legal challenge has come from the Fight4Whitby pressure group which launched legal action in 2016 citing the 1905 Whitby Urban District Council Act, which stated that income from Whitby harbour must be ring-fenced for use within the harbour.

The group maintains that more income has been taken out of the harbour by the council than has been spent on it and hopes that the courts could direct the authority to reallocate funds exclusively for use in the area.

The council’s annual accounts since 2015 have been held up as the authority is locked in the legal battle over what exactly counts a harbour land.

The land in dispute relates to the Endeavour Wharf, Marina Front, Marina Back and Marina Reserve car parks and whether the income from the land would be classed as being from “harbour undertakings”. The council claims it should not be classed this way, the objector disagrees.

The officers decision relating to the latest extension to the court case timescale is here https://democracy.scarborough.gov.uk/documents/s111699/22225%20Court%20application%20re%20External%20Auditor%20recommendation%2020221014.pdf

 

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