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



Kinky Gerbil

Im The Scatman
NSC Patron
Jul 16, 2003
58,595
hassocks
Easy 10 said:
The bottom line is that, quite clearly, LDC are NOT going to back out of taking this to a full Judicial Review just on the basis of the Government admitting their f***-up in their letter of consent.

"There are other flaws in the Falmer decision that are just as significant. The action that is currently going forward in the High Court would look at all the flaws in his decision and not just the one over the Brighton and Hove Local Plan".

They've gone too far just to drop it now. Seems to me that this IS going to court, no two ways about it.


And delaying it all - which is what the ldc want.
 








Biscuit

Native Creative
Jul 8, 2003
22,278
Brighton
Letter to Argus

I see the Falmer Stadium saga has taken another turn. The ODPM has made a typo and admitted their mistake, meaning they must now re-evaluate their decision to grant Brighton and Hove Albion planning permission for a 22,000 seater stadium.

This leaves the ODPM with two options. Say yes, or say no. Now he has admitted his mistake, Lewes District Council no longer have a legal leg to stand on. The (now water tight) case for Falmer has been made, so has the (rather feeble) case against. I see no reason why Prescott would turn the planning permission down.

However, I'm sure this won't stop Lewes Council stabbing their taxpayers in the back and seeking ANOTHER judicial review. The fact the people want it is irrelevant, the snobs in charge don't want it and they feel no need to represent the very people who voted them into power. Anyone else notice Mr Baker's comments? "It seems like a pretty major mistake to make and it will mean more unwelcome uncertainty for both the club and the people of Falmer... Whatever happens now we need a decision in the shortest possible time. This can't go on indefinitely." Is this the same MP that said he'd accept the decision either way.. and then when it didn't go in his favour, decided to fight it?

Personally I'm sure there's bound to be another Judicial Review. Not because there's any legally based, logical argument or ground for discussion, but because certain Lewes councillors are devious and undemocratic sorts who 'would rather see the club to die, than have a stadium built in Falmer.' - Remind me, which MP said that?

At least LDC are committing political suicide. Come the next elections Lewes Taxpayers will no longer have to be 'represented' by Lib Dems.

Richard Tipple
Westmeston Avenue
Rottingdean
 
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Kinky Gerbil

Im The Scatman
NSC Patron
Jul 16, 2003
58,595
hassocks
Brovian said:

.... or it could be bad news ....

LDC having won one victory ask for a J.R. on the revised decision. They won once, they can win again, after all nobody thought planning consent would be squashed (for whatever reason) did they? .


Spot on - if once why not again and again and again?
 


Gwylan

Well-known member
Jul 5, 2003
31,727
Uffern
I still don't see how people could put a positive spin on this. We're now back to the drawing board, awaiting a new decision from the ODPM.

When that's a 'yes' (which I'm sure it will be), there will presumably be another 60 days for LDC to make a call for a JR. We can expect them to do that around about July, so we'll be in exactly the same position as we were last December - except we've lost another eight months.

On top of that, there's the psychological blow of the ODPM admitting that didn't scrutinise the details - you can bet that LDC's lawyers will milk that for all its worth. In court, the credibility of witnesses counts for a lot and the ODPM case has just been weakened.
 


Lady Bracknell

Handbag at Dawn
Jul 5, 2003
4,514
The Metropolis
I've just got home and found LDC's press release waiting for me. And it occurs to me, not for the first time, that they're behaving like kids having a tantrum in the supermarket. Because it looks as if they will carry on screaming and screaming until they're sick about Falmer regardless of the consequences. If they were tantrummy kids they'd be headed for an early bedtime with a clumped ear for their pains but as a so-called council, they seem hellbent on committing political suicide.

And they're so busy throwing another arrogant wobbly that they can't see they've been offered a halfway dignified way out of the mess they've got themselves into.

Burn 'em I say!
(In a purely metaphorical sense you understand, Constable.)
 
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Gwylan

Well-known member
Jul 5, 2003
31,727
Uffern
roz said:
I've just got home and found LDC's press release waiting for me. And it occurs to me, not for the first time, that they're behaving like kids having a tantrum in the supermarket. Because it looks as if they will carry on screaming and screaming until they're sick about Falmer regardless of the consequences. If they were tantrummy kids they'd be headed for an early bedtime with a clumped ear for their pains but as a so-called council, they seem hellbent on committing political suicide.

What's sad about this is they're not committing political suicide. Do you really think that it won't be a Lib Dem/Tory alliance running LDC after the next election? I can't see it myself.

That's precisely the problem: if there was any danger of them losing their seats they wouldn't behaving in such a childish way.
 


The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
The letter from John Prescott’s solicitors needs careful consideration because there are other flaws in the Falmer decision that are just as significant. The action that is currently going forward for hearing in the High Court would look at all the flaws in his decision and not just one over the Brighton and Hove Local Plan.

Those 'other flaws'... well, the government doesn't agree. THAT'S where the horrific expenditure would have come in. The government is doing Lewes District Council a favour here by withdrawing their orginal approval notice, re-wording it, and not battering them through the courts on their painfully weak claims on the other matters.

The District Council is not the only party that challenged the decision and we will have to take advice from our barrister and seek the views of the other parties. We will do that as soon as possible.

That's a bit f***ing rich.

This from the council that wrongly said they were only making the ODPM a defendant, dragged two other parties into the chalenge, and then said they weren't responsible for the other co-defendants expenses. Meanwhile, the challenge was WHOLLY led by Lewes, and partially supported by the various groups (FPC, SDJC etc) to the tune of around 15% of the expected costs, yet they claim they're in it together. If there was no challenge from Lewes District Council, no-one else would have challenged it either.
 
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Lady Bracknell

Handbag at Dawn
Jul 5, 2003
4,514
The Metropolis
Gwylan said:
What's sad about this is they're not committing political suicide. Do you really think that it won't be a Lib Dem/Tory alliance running LDC after the next election? I can't see it myself.

That's precisely the problem: if there was any danger of them losing their seats they wouldn't behaving in such a childish way.

This time around I think there really is a distinct possibility of them losing control, Gwylan because they've pushed their luck one step too far even given their previous immortality. And from what I've heard, an alliance with the Tories is probably not on the cards either.
 




Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,171
Location Location
"John Prescott has admitted that his mistake over the Brighton and Hove Local Plan was a fatal flaw in his decision"

Absolute HOGWASH.
Prescott has done nothing of the sort. The letter from the Treasury solicitors has acknowledged the cock-up in the original letter granting planning permission, but in no way does it admit to there being a "fatal flaw" - what it actually says is that the point of contention is a small technicality, and NOT a fundemental aspect in the granting of the stadium. Yet MORE spin and bollocks from LDC. Absolutely pathetic.
 
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Turkey

Well-known member
Jul 4, 2003
15,583
Just got to a JR and get it finished. This delay is only delaying the inevitable JR! :nono: :nono: :nono:
 


The Oldman

I like the Hat
NSC Patron
Jul 12, 2003
7,140
In the shadow of Seaford Head
FWIW my take on today's news after chatting to a lot of folk .

The problem for the club is this is not about a new Football (Community) Stadium. It is about the significant number of people who hate football with a passion that matches ours for the Seagulls. To them football is about crass behaviour by footballers and supporters. . They cite players swearing, spitting, cheating and fans being foul mouthed, drunk and violent .

They are therefore determined not have a stadium on the "beautiful South Downs" and they would not shed any tears if a club went to the wall.

I have been told all this most forcibly by residents of Seaford when trying to persuade them why Falmer is needed. There is also a very strong belief that Brighton City is dumping it's problems onto the Lewes District. Falmer, the new sewage works at Peacehaven, the new incinerator at Newhaven all schemes which are to serve Brighton. That's how it's seen.

Now that Lewes DC have "won" there will many residents urging them to go for the kill. Falmer Parish Council, Sussex Downs Conservation Board etc will not give up at this moment. They scent victory and will use even more the first 2 enquiries that rejected Falmer.

Most folk from the club and Brighton Council were convinced that ODPM would make darn sure that the Presott letter of approval would be so watertight that any attempt to go for a Judicial Review would be nonsensical. Yet ODPM gets it wrong. Who can feel confident now that there is not another planning/legal issue that will lead to further delay or even worse?

In addition we know that the enabling building works by Brighton University are running late.

I admire the positive spin put on today's news by the club and others but I would not put a lot of money on our chances of playing at Falmer in this decade.
 
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BRIGHT ON Q

Well-known member
Jul 5, 2003
9,204
Im just so f***ing tired of this whole affair.Other clubs are getting new grounds built including even f***ing Milton keynes and all we get is this shit.Ive just about had enough.Nothing EVER speeds things up.All i can see is this whole sorry saga ending in tears.sorry to be so pessimistic but it just goes from one thing too another.
 


somerset

New member
Jul 14, 2003
6,600
Yatton, North Somerset
fake slim said:
Sounds like fantastic news to me...he will make his decision again and decide yes again and, despite what the argus say, if they challenge the other point there is virtually zero chance of the judge not throwing it out as several public enquiries have shown that falmer is the only site.

I'm dead chuffed :albion:


sadly as we have seen before, it will take say till august for odpm to make his decision, and as is customary LDC will take the full 90 days to announce whether they will challenge ( 3months0, that takes us to about november before we know if its a go or a challenge, then if they challenge, it may be another 6 months before the hearing, as per this year.

how long is this friggin piece of string, ... I am losing track...
 


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