Got something to say or just want fewer pesky ads? Join us... 😊
If Prescott says yes...
- Thread starter fleet
- Start date
marvin
New member
Gives a reason for a JR
- Thread starter
- #3
Is it true that it could result in judicial review, or is it independent? If the process was carried out properly then I would have thought that we should get a decision on the facts at the public enquiry, which should mean that the other inquiry doesn't make any legal difference.
This doesn't mean that we should not make our feelings very clear now - we need the correct outcome.
This doesn't mean that we should not make our feelings very clear now - we need the correct outcome.
aftershavedave
Well-known member
not sure how it could trigger a juicial review, which is after all a review of the underlying law behind the decision...if the law is sound i can't see how it could be reviewed. or am i missing something?
just_bhafc
New member
Did you not listen to Martin Perry on Saturday? 
Easy 10
Brain dead MUG SHEEP
My understanding of it is that if Prescott overrules the inspectors recommendations and grants Falmer, then thats that, permission is granted. Opponents can only force a judicial review on the grounds that the Enquiry process has in some way not been adhered to.
That would be expensive. You'd either have to have a NIMBY with a bit of money washing around to put the case together, or Lewes District Council would have to do it (and spend an absolute wad of local council taxpayers money doing it).
With no guarantee of Prescotts decision being overturned, (and what part of the Enquiry could they say was not handled correctly ?) I think if he grants permission, its unlikley to be contested. They'd have to have VERY strong grounds to force a judicial review, and I don't see where they'd get that from if its granted...
Then again, maybe I'm just being optimistic.
That would be expensive. You'd either have to have a NIMBY with a bit of money washing around to put the case together, or Lewes District Council would have to do it (and spend an absolute wad of local council taxpayers money doing it).
With no guarantee of Prescotts decision being overturned, (and what part of the Enquiry could they say was not handled correctly ?) I think if he grants permission, its unlikley to be contested. They'd have to have VERY strong grounds to force a judicial review, and I don't see where they'd get that from if its granted...
Then again, maybe I'm just being optimistic.
Last edited:
Life After Bobby
New member
i was gonna start a new thread, but here's as good a place as any.
the public inquiry will effectively be taking into account what are, and are not, "material considerations"
Government guidance, mainly Planning Policy Guidance Notes, is certainly a material consideration. Even draft Government guidance may be a material consideration in some circumstances. On the other hand, local views do not count as a material consideration.
Planning applications should be determined in accordance with the local plan, “unless material considerations indicate otherwise”. However, the issue is more complicated if the local plan is out of date, but the replacement only exists in a draft that has not yet completed all its necessary stages before approval.
if the secretary of state approves the application, the only possibility of overturning the decision comes via judicial review. Judicial review is not normally a suitable option for challenging a planning decision. The court would not consider the planning merits of the case, but rather would consider whether the decision was arrived at in the correct way.
the public inquiry will effectively be taking into account what are, and are not, "material considerations"
Government guidance, mainly Planning Policy Guidance Notes, is certainly a material consideration. Even draft Government guidance may be a material consideration in some circumstances. On the other hand, local views do not count as a material consideration.
Planning applications should be determined in accordance with the local plan, “unless material considerations indicate otherwise”. However, the issue is more complicated if the local plan is out of date, but the replacement only exists in a draft that has not yet completed all its necessary stages before approval.
if the secretary of state approves the application, the only possibility of overturning the decision comes via judicial review. Judicial review is not normally a suitable option for challenging a planning decision. The court would not consider the planning merits of the case, but rather would consider whether the decision was arrived at in the correct way.
Life After Bobby
New member
yep. my personal feeling is that although all these flowers and letters and stuff is gonna make us feel better, it will (and should) in no way affect the decision.
ironically if its proved that it has positively affected the decision then we can get stuffed through the judicial review
ironically if its proved that it has positively affected the decision then we can get stuffed through the judicial review
The Famous Grouse
New member
- Dec 9, 2003
- 1,811
lets hope its not proved then
¤DãŃn¥ §êãGüLL¤
Banned
If Prescott says no I'm gonna set myself on fire in the centre circle at Withdean.
It's gonna be proper bo
It's gonna be proper bo
berkshire seagull
New member
Know thats worth watching if its a noDÃnN¥ §ëÃGuLL© said:If Prescott says no I'm gonna set myself on fire in the centre circle at Withdean.
It's gonna be proper bo
