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LASTEST NEWS UPDATE-FALMER PARISH COUNCIL-CIRCULATED TODAY IN FALMER!!
Press reports which state that John Prescott's decision to grant planning permission for the stadium has been squashed and the matter sent back to him for re-determination are inaccurate.
The decision to grant planning permission has not been squashed only the high court can squash his decision to grant planning permission.
The position as follows:-
Lewes District Council together with Falmer Parish and the South Downs Society have challenged John Prescotts decision to grant planning permission. There are 16 different grounds of challenge. Some of these raise important points of principle and have serious implications for the future development in an area of outstanding beauty locally, and nationally.
We only need to win on one of our 16 grounds of challenge in order for the high court to squash Mr Prescotts decision to grant planning permission. Once a decision is squashed by the court, the matter is remitted to Mr Prescott for re-determination. On a re-determination the matter is to be heard “de novo”. This means that all parts of Mr Prescotts previous decision letter are to be disregarded and he is obliged to re-determine the matter from scratch, taking into account any new representations made by the parties.
On the 6 April 2006 the treasury solicitor, as legal adviser to the deputy prime ministers office notified LDC that the deputy prime minister had decided not to defend the challenge made by LDC, FPC and the SDS.
The treasury solicitor has made clear that Mr Prescott is conceding the case on just one of the grounds set out in our grounds of challenge.
We are mindful that although admission of that 1 ground is sufficient for us to win the high court case, this leaves 15 other grounds of challenge which remain untested.
If his decision is squashed, Mr Prescott should reconsider all points. However, we have not dismissed the possibility that he will try to put right the 1 mistake he has admitted and then simply reach the same conclusion as previously on all other points. If its clear that he has not genuinely re-considered all the issues, that in itself is unlawful and would provide grounds for a further challenge.
We want to ensure that Mr Prescott does not do this.
Before making any decision as to how to respond to the treasury solicitors recent letter, representatives from LDC, FPC and the SDS will discuss our options with the barristers who are handling our case in court.
DON'T SHOOT THE MESSENGER!!!!!!! JUST THEIR LATEST FLYER WHICH FLEW MY WAY
Press reports which state that John Prescott's decision to grant planning permission for the stadium has been squashed and the matter sent back to him for re-determination are inaccurate.
The decision to grant planning permission has not been squashed only the high court can squash his decision to grant planning permission.
The position as follows:-
Lewes District Council together with Falmer Parish and the South Downs Society have challenged John Prescotts decision to grant planning permission. There are 16 different grounds of challenge. Some of these raise important points of principle and have serious implications for the future development in an area of outstanding beauty locally, and nationally.
We only need to win on one of our 16 grounds of challenge in order for the high court to squash Mr Prescotts decision to grant planning permission. Once a decision is squashed by the court, the matter is remitted to Mr Prescott for re-determination. On a re-determination the matter is to be heard “de novo”. This means that all parts of Mr Prescotts previous decision letter are to be disregarded and he is obliged to re-determine the matter from scratch, taking into account any new representations made by the parties.
On the 6 April 2006 the treasury solicitor, as legal adviser to the deputy prime ministers office notified LDC that the deputy prime minister had decided not to defend the challenge made by LDC, FPC and the SDS.
The treasury solicitor has made clear that Mr Prescott is conceding the case on just one of the grounds set out in our grounds of challenge.
We are mindful that although admission of that 1 ground is sufficient for us to win the high court case, this leaves 15 other grounds of challenge which remain untested.
If his decision is squashed, Mr Prescott should reconsider all points. However, we have not dismissed the possibility that he will try to put right the 1 mistake he has admitted and then simply reach the same conclusion as previously on all other points. If its clear that he has not genuinely re-considered all the issues, that in itself is unlawful and would provide grounds for a further challenge.
We want to ensure that Mr Prescott does not do this.
Before making any decision as to how to respond to the treasury solicitors recent letter, representatives from LDC, FPC and the SDS will discuss our options with the barristers who are handling our case in court.
DON'T SHOOT THE MESSENGER!!!!!!! JUST THEIR LATEST FLYER WHICH FLEW MY WAY