A PENNILESS parish meeting has secured a judicial review into Durham County Council’s refusal to make gritting a key route top priority.
Hope and Scargill Parish Meeting, near Barnard Castle, successfully applied for the review into the council’s refusal to give priority one gritting status to the Stang Road, at a hearing in Leeds Crown Court last week.
The Stang Road is a crucial link between Teesdale and Arkengarthdale but is frequently impassable in wintry weather. Its current priority two status means it is only treated during prolonged spells of bad weather.
Parish meeting members were dismayed when county officers declined to upgrade gritting status following a review last year, launching their bid for a judicial review.
The initial application failed, but the parish appealed against the decision.
Reeth businessman and parish clerk Jed Collins represented the parish during the appeal, while the county council was represented by a barrister.
Mr Collins said: “I was quite shocked because I didn’t think there was much chance of a judge overturning another judge’s decision.
“We [the parish meeting] have no money because we have no precept. I went down with fear and trepidation, and my heart in my mouth.
“Durham County Council was found wanting and it is on two counts, which is very good.”
The judge found for the parish based on the “procedural impropriety” and “irrationality” of the county’s decision.
Mr Collins added: “The judgement, of which we will receive a copy in due course, was highly critical of Durham County Council. I think there will be a lot of red faces in County Hall.”
He warned, however, that a judicial review could not force officers to change the road’s status but can only force them to revisit their decision.
He added: “That said, Durham County Council will now have to pay serious attention to the copious evidence that we have put before them and form cogent arguments to as to why they should leave the Stang in priority two, something I think they will find hard to do.”
Brian Buckley, strategic highways manager at Durham County Council, said: “We are committed to keeping the county safe and moving during the winter, and grit as many roads as we can.
“Hope and Scargill Parish Meeting was given permission to proceed with their judicial review claim, which seeks to challenge our winter maintenance prioritisation of the Stang. The actual outcome of that claim will be decided by the court after a further hearing.
“Our priority one gritting routes cover 45 per cent of the county’s road network, one of the highest levels of coverage in the UK. The Stang is currently a priority two gritting route and is treated during periods of prolonged severe winter weather and when there is a high confidence forecast of heavy snow.”
