Whitby Community Network CIC

Sue Boyce 17 March 2025

The Whitby Harbour Court Case

2015 SBC announced Whitby TIC

On Dock End would close Sept 2016

Jun 2016 Fight4Whitby formed to challenge / pay costs

…. but only an individual local elector can lodge an objection to the External Auditor about the SBC Accounts…

​

​

​

found WUDC Act 1905

The Whitby Harbour Court Case

Whitby Community Network

​

• First objection lodged with Mazars re SBC Accounts for 2015/16
• Repeated every year to 2022/23 – until became NYC in April 2023
• Gagging order in place from 2017 onwards…
• March 2022 External Auditor issued Statutory Recommendation:

SBC must apply to the Courts for a Ruling…….

• December 2022 SBC finally applied for a Court hearing
• July 2023 SBC produced their evidence

- Judge ordered them to return WUDC/SBC records removed from County Records Office….

• 5/6^th March 2024 …. High Court hearing held in London:

Judge asked to decide whether the 1905 Act is still in force

and, if so: - which land is owned by the harbour authority?

- should all income from that land be ring-fenced?

- does that include all income from the public car parks?

- are all the assets and capital also ring-fenced?

Whitby Community Network CIC

Sue Boyce 17 March 2025

The Whitby Harbour Court Case

Whitby Community Network

Whitby Community Network CIC

Sue Boyce 17 March 2025

​

Harbour land still under dispute by March 2024 = reclaimed land at Dock End, Endeavour Wharf and the Marina

​

​

​

BUT

• Income from those public P&D car parks was over £1M per year in 2015/16

Whitby Upper Harbour

Land Reclamation

Whitby Community Network

Sue Boyce April 2024

Dock End & New Quay 1932

​

Dock End & New Quay circa 1926

​

Whitby Upper Harbour

Land Reclamation

​

Whitby Community Network

Sue Boyce April 2024

Upper Harbour from Boghall

in 1950s-60s

Aerial View Upper Harbour 1965

(First part of Endeavour Wharf constructed 1964)

Whitby Upper Harbour

Land reclamation

Whitby Community Network

Sue Boyce April 2024

Upper Harbour and Bell Island

Reclamation 1976

Upper Harbour and Bell Island

1965 - 1975

Whitby Upper Harbour

Land Reclamation

​

Whitby Community Network

Sue Boyce April 2024

Upper Harbour with Endeavour Wharf,

Marina and High Level Bridge in 2010

Arrival of HMS Endeavour 9th May 1997

(Note Port Services and Cargo Shed)

Whitby Harbour

Why the Need for £Ms of Funding?

Whitby Community Network

Sue Boyce April 2024

Current:

1. Maintenance and Repair 2) Dredging 3) Fishing Industry Facilities

​

But above all: Future Flood Risk & Climate Change

Whitby Harbour

Past, Present – and Future?

Whitby Community Network

Sue Boyce April 2024

Consequences of Pier Failure (Royal Haskoning 2009) A breach or failure of the piers would probably require closure of the port because of fallen masonry and debris obstructing the narrow harbour entrance. The consequences of closure would include:

• Risk to life: some 15-20 vessels take unscheduled refuge in Whitby harbour each year in storm conditions. The RNLI station would be unable to respond to emergencies at sea.
• Risk to property: some 500 homes and businesses around the harbour would be at significantly increased risk of flooding from wave and tide action. These include two Grade 1 buildings; four Grade II* buildings; and over 200 Grade II listed buildings.

Plus, as the Whitby Coastal Strategy 2 identified: “The loss of the harbour piers would adversely affect the geological SSSI and 2 conservation areas. There would be loss of tourism and amenity value which is irreplaceable due to the unique tourist appeal of key cultural assets and the iconic location of the Abbey and harbour setting.” (SBC 2011)

Whitby Harbour

Future Flood Risks?

Whitby Community Network

Sue Boyce April 2024

Royal Haskoning Report 2009:

Risk from Tidal Flooding

based on 2006 estimates of SLR

Environment Agency March 2024

Revised Flood Risk Map

What is the combined river & tidal flood risk?

Whitby Community Network

Proposed Maritime Hub on Endeavour Wharf

For Town Assembly - 22 April 2024

31 March 2025

Close Endeavour Wharf to public car parking

​

March 2026

Target Date to complete construction

Whitby Community Network CIC

Sue Boyce 17 March 2025

Timeline

Feb 2022: SBC secured £10M Town Deal Funding Apr 2023: SBC replaced as SHA by North Yorkshire Council Jun 2024: MHCLG approved project adjustment request

Aug 2024: NYC granted planning approval ZF24/00491/RG3 Erection of a three-storey building for marine based activities with associated car parking, vehicle access roads, footpaths and limited soft landscaping at Endeavour Wharf, Langborne Road, Whitby, North Yorkshire, YO21 1YN

(Env Agency was consulted re flood risk, but no consultation with MMO or MCA )

25 Jan 2025 – NYC Exec approved entering construction contract

​