Falmer Shock! - No Need for the Case to go to Court

[Sorrel]

As far as I can see this just speeds things up. I would have expected the decision to be sent back to the government as it was. But it's happened now, rather than in September.

So, how long will it take to tipex out the offending words and replace them?

 

[Lander]

Withdean permantly then

 

[bhafc99]

What I'm not clear on is why all parties need to resubmit letters / applications? Surely he already has all the information. What more can Lewes possibly provide to change his mind, that they haven't done already?

That puzzled me too, but perhaps it's a legal requirement that no decision (even if it's effectively a re-decision) can be made without giving parties a chance to comment.

 

[Lord Bracknell]

Why would the LDC lawyers bring this to the attention of the High Court if it was going to speed up the proceedings? That doesn't sit too well with me.

The LDC lawyers have consistently failed to see the bigger picture ... that the stadium is important enough to the community to allow exceptions to be made to planning policies that would normally obstruct a stadium being built at Falmer.

When Lewes DC's Cabinet decided to go for a judicial review, they were all fired up about the AONB/National Park issue. Today's announcement shows that the government and its lawyers have satisfied themselves that this part of the LDC argument has no legs at all.

The bit about the boundary line drawn around the built up area of Brighton didn't figure at all in LDC's thinking - until some pedant in their planning department picked it up and threw it into their statement of case.

The fact is that most of their case has got nowhere. They've succeeded only with this one little point.

Prescott has no choice but to acknowledge that the pedant got it right. But he will now play the same game and base his decision on the WHOLE of the Local Plan, not just a line on one of the maps that went into it.

In particular, he will pay particular attention to this bit ...

SR23 Community stadium

A new football / community stadium and multi-purpose sports hall is proposed on land adjoining Village Way North, together with sports science / sports medicine facilities linked to the Universities of Brighton and Sussex.

Any development proposals must be accompanied by:

a. environmental impact assessment;

b. transport assessment; and

c. business plan.

In the event that the site proves to be unsuitable for a stadium, the site will be allocated for Class B1 research and development use.

In other words, this site will be developed.

 

[Tricky Dicky]

I'm in the optimistic camp on this one. It means that the best lawyers the government can buy have looked at each issue closely and only found a minor technicality that has any basis. In my eyes this means that we save the 90k from going to JR, the process is now speeded up and if (when) permission is re-granted LDC do not have a case. Job done !

 

[tedebear]

I'm not disheartened by this at all - if anything it means that when we do get Falmer it will be completely legit and every t crossed and i dotted. Lewes are fighting without cause, the site will be developed and the community will get its stadium, maybe not to our original timescale but it WILL happen...hang in there troups!!

 

[tedebear]

I'm in the optimistic camp on this one. It means that the best lawyers the government can buy have looked at each issue closely and only found a minor technicality that has any basis. In my eyes this means that we save the 90k from going to JR, the process is now speeded up and if (when) permission is re-granted LDC do not have a case. Job done !

Snap Tricky!! Agreed

 

[Rusco]

At least we've saved the £90K for defence costs (at the moment)

Surely the clubs advisors would have known that this would have been the case and so that crap we were fed about having to divert money in to this rather than team strengthening was just that .... crap!

 

[tedebear]

Surely the clubs advisors would have known that this would have been the case and so that crap we were fed about having to divert money in to this rather than team strengthening was just that .... crap!

Disagree - I think it was prudent to believe we may have had to spend this money...

 

[blockhseagull]

Surely there can be no doubt about the decision that Prescott will make.

His office have come out and said the only problem was that technicality, so therefore that would suggest everything else was correct and he stands by that...hence another yes

 

[Lord Bracknell]

Surely the clubs advisors would have known that this would have been the case and so that crap we were fed about having to divert money in to this rather than team strengthening was just that .... crap!

That's as ridiculous an argument as the one suggested by sullyshuffle earlier in the thread that the whole thing is a conspiracy designed to divert our attention away from tomorrow's big match against Southampton.

 

[Tricky Dicky]

Snap Tricky!! Agreed

Great minds and all that

 

[Barrel of Fun]

For the last time!! Are the ODPM liable to pay us compensation for expenses and loss of revenue? Surely they have a 'duty of care'.

 

[Lord Bracknell]

For the last time!! Are the ODPM liable to pay us compensation for expenses and loss of revenue? Surely they have a 'duty of care'.

I guess we could take them to court.

 

[The Large One]

Under the circumstances, and bearing in mind this was flagged up early doors by some as a concern, this is the best news we could have hoped for.

The approval letter will have greater clarification, and Lewes District Council will now be backed into a corner on planning issues and in a political sense. Their case for a JR will be severely hampered, and, should they choose to challenge the re-submitted letter, there will be anarchy instigated by the people of the town.

If Norman Baker is accepting the decision, Lewes will be isolated into doing so as well.

Don't forget, the government's main threads for approval are the national interest coming from the social and economic re-generation of the area. Nothing Lewes can say wil change that.

 

[Franks Wild Years]

I think Lord B has explained the case very well. And when we get the paper work back and it's properly dotted, crossed and double checked then more strength to us.
As for the comment that 90k being put aside for the Judicial Review being crap, well I think if we haddn't done this and the review had gone ahead we would have been even further in the shit.
Keep the faith every one and remember out of adversity comes solidarity.
We still need to make sure that tomorrow we are all up for it and us and the team show those bastards that we will not be beaten.

Barrol, I don't know mate but it would seem to make sense that we could have a case there.

KEEP THE FAITH.

 

[sparkie]

This is good news in a sense in that :

(a) LDC will have to revisit their decision to go to Judicial Review, which gives a great opportunity to apply pressure to all the councillors in advance, and hopefully prevent them taking yet another behind closed doors decision.

(b) Any further legal procedings will be nearer to May 2007 and the elections in Lewes. A change in council at that point could then pull the plug on any legal challenge at whatever stage.

 

[Dick Knights Mumm]

Surely the LDC judicial review was not based on the wording of the letter alone. So surely when the new letter is eventually produced - there is likely to be a further judicial review. I am happy to go along with the positive spin, but I also agree with the "vindictive bastards" intepretation.

 

[Barrel of Fun]

I guess we could take them to court.

Cheers Lord B. I will ask around as there are a few planning experts in my office, even though one is a Pompey fan

As FWYs says.....KEEP THE FAITH

 

[Curious Orange]

Surely the LDC judicial review was not based on the wording of the letter alone. So surely when the new letter is eventually produced - there is likely to be a further judicial review. I am happy to go along with the positive spin, but I also agree with the "vindictive bastards" intepretation.

Do you honestly believe that the revised decision letter won't also address the other issues that LDC cited in their legal case?

LDC have said all along that they wanted a clarification. Well they are getting it.