2 Description of the draft Order
5. The purpose of the draft Order is to remove temporarily
some restrictions on the use of specified parts of an area of
land within Harrogate known as the Stray, for the sole purpose
of preparing for and hosting part of the Tour de France 2014.
Harrogate Borough Council (the "Council") manages the
Stray on behalf of the landowner, the Duchy of Lancaster. The
1985 Act is a local Act which regulates the use and management
of the Stray. Several provisions in the Act would prevent or restrict
the hosting of the Tour de France.[3]
The Council therefore asked the Secretary of State for Communities
and Local Government to use his powers under section 5 of the
2011 Act to make an Order temporarily to disapply or amend the
relevant parts of the 1985 Act.
6. The Council anticipates that it will need to section
off 19.5 hectares of the 80 hectare Stray for a maximum period
of 16 days in June and July 2014, so that (subject to any adjustment
of byelaws needed, which will be a matter for the Council)[4]
it can be used to site a range of the temporary infrastructure
which is required to support the Tour.[5]
The 1985 Act currently places various obligations and restrictions
on the Council which would prevent it from doing this. These are:
a. Section 4(2) which requires the Council to
maintain and preserve the aspect of the Stray;
b. Section 4(3) which requires the Council to
protect trees, shrubs, plants, turf and herbages growing on the
Stray;
c. Section 4(4) which imposes a requirement that
where the Council encloses part of the Stray, it must, in exchange,
provide a substitute public open area of at least the same size
within 100 meters of the Stray;
d. Section 5 which gives Harrogate residents
free access to, and a privilege of enjoying recreation on the
Stray;
e. Section 6(1)(d) which imposes limits on the
number of aircraft landings;
f. Section 6(4) which restricts the amount of
land which can be enclosed, and the duration for which it can
be enclosed.
7. The draft Order disapplies sections 4(2), 4(3),
4(4), 5 and 6(4) of the 1985 Act and amends section 6(1)(d) (so
that there are no limits on the number of aircraft landings allowed),
with effect from 23 June to 8 July 2014, for the sole purpose
of hosting the Tour de France.
8. The draft Order would apply to England only.
9. The Department states that the proposed provisions
are compatible with the European Convention on Human Rights and
with legal obligations arising from membership of the European
Union.[6]
3 Section 6(3) of the 1985 Act permits the Council
to enclose part of the Stray for events, but section 6(4) limits
the amount of land enclosed to 3.5 hectares and the duration to
a total of 5 weeks in any one year Back
4
Explanatory Document, paragraph 2.9 Back
5
The Council intends to publish its detailed plans at the beginning
of April, once it has completed its evaluation of the Technical
Document provided by the Amaury Sport Organization, the organisers
of the Tour de France. The Department states that the infrastructure
to be sited on the Stray is likely to include a technical zone;
at least two grandstands; a large screen; areas for merchandising
and catering; temporary roads for support vehicles and a helicopter
landing area (see Explanatory Document paragraphs 2.2-2.3) Back
6
Explanatory Document, paragraphs 3.16. and 3.17 Back
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