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The cost of the stadium appeal



Yorkie

Sussex born and bred
Jul 5, 2003
32,367
dahn sarf
Today's Argus

Lewes District Council has been accused of risking a £160,000 legal bill by trying to block Brighton and Hove Albion's Falmer stadium.

The club's financial experts have estimated that defending the challenge in the High Court could cost the council three times more than it has budgeted.

The club will today appeal to cabinet members to abandon the expensive court battle over the £50 million stadium. Club supporters will also present councillors with a 5,165-signature petition asking them to drop the fight.

Following a public inquiry, Deputy Prime Minister John Prescott ruled in October that a stadium could be built in Falmer, which stands in an Area of Outstanding Natural Beauty.

But Lewes District Council, supported by Falmer Parish Council, the South Downs Society and with funding from the South Downs Joint Committee, has launched proceedings for a judicial review of the decision, saying Mr Prescott's reasoning was flawed.

Lewes District Council had previously estimated losing the case could make it liable for up to £65,000 in costs incurred by Mr Prescott's department.

It has set aside £25,000 from a contingency fund for fighting planning appeals.

Falmer Parish Council would contribute £30,000, the Sussex Downs Society has committed £5,000 and the South Downs Joint Committee has promised £5,000.

The council says council tax levels would not be affected because the money is coming from a ring-fenced planning appeals fund held in its reserve budget.

But the council could end up facing even more costs if it were to lose the appeal. Albion directors said yesterday that if the Seagulls won, they intended to sue for their own legal bill of up to £90,000.

They said that as Lewes District Council had named the club as a "defendant" rather than an "interested party", they had a good case for their costs to be paid.

Brighton and Hove City Council's costs are expected to be up to £5,000.

The Albion's chief executive Martin Perry said: "This is yet another financial burden for the club we could do without.

"We have been named as a defendant and we will be going to court - along with the city council and the Government - to defend ourselves.

"We remain extremely confident that Mr Prescott's decision will be upheld in the High Court and, unfortunately, the taxpayers in Lewes will be left to bear the brunt of the cost."

The building of the 22,000-seater stadium was due to start this year but must wait after the hearing. Work is expected to take two years.

The petition will be presented today by Ed Bassford, an Albion fan who lives in Firle, near Lewes. He said: "The district council is taking a very high financial risk. It should withdraw the case. It would be a risk to the council tax-payers of Lewes."

Tim Carder, chairman of the Albion's supporters' club and a Seagulls historian, will also quiz the council on its financial position and democratic processes.

Lewes District Council disputed that it could be liable for the costs incurred by the football club or city council.

It said the case only called into question the reasoning of the Deputy Prime Minister's decision.

Neil Commin, Lewes's lead councillor for planning, said: "So far, we have heard nothing from John Prescott's office in response to the appeal.

"We have heard that the city and Albion may want to be represented at the High Court hearing. That is up to them but, if they do, it may delay the hearing.

"The district council will not have any liability for its costs."

But the Office of the Deputy Prime Minister said that, in theory, if the claimants lose a challenge, the court could rule that the costs of co-defendants must be paid.
 




n1 gull

Well-known member
Jul 25, 2003
4,639
Hurstpierpoint
If they lose I hope we do try to get compensation, as I really think the council are out of control and hopefully they'll get voted out.
It like the council have now got tunnel vision about the stadium and have lost all natural reasoning.
 


Yorkie

Sussex born and bred
Jul 5, 2003
32,367
dahn sarf
I think their intention is still the same. They want us to go out of business.
 


Yorkie said:
Neil Commin, Lewes's lead councillor for planning, said: "So far, we have heard nothing from John Prescott's office in response to the appeal.

"We have heard that the city and Albion may want to be represented at the High Court hearing. That is up to them but, if they do, it may delay the hearing.

"The district council will not have any liability for its costs."

But the Office of the Deputy Prime Minister said that, in theory, if the claimants lose a challenge, the court could rule that the costs of co-defendants must be paid.
Lewes DC have a very odd understanding of the process.

They make the Albion and the City Council "defendants", when they didn't need to, and then claim that it is "up to them" whether they turn up in Court.

The average 15 year old has a better grasp of reality.
 


dougdeep

New member
May 9, 2004
37,732
SUNNY SEAFORD
So it has cost us another £90,000. We could get a player for that. :angry:
 




Gwylan

Well-known member
Jul 5, 2003
31,720
Uffern
Ed.

How can the council say that it would have no liability for the club's costs even if it loses. My understanding is that the judge can (and usually does) order the appellant to pay all costs in the event of a JR going against it. Is this wrong?
 


HampshireSeagulls

Moulding Generation Z
Jul 19, 2005
5,264
Bedford
Very disconcerting when the head of planning is making statements about legal matters that he obviously has no knowledge of. I think that Lewes Council need to seriously look at why they are representing a vocal minority rather than the slightly more silent (at the moment) majority. The potential for rising costs being headlined by the Argus is a good move, as it may start to make the Lewes Council Tax payers look a little more closely at what their elected councillors are able to do by "tweaking" the rules for the benefit of the few who want to keep the perceived snob-value of living in a village - albeit one with a concrete university looking over it and a main road running through it!

Letter despatched to the Argus again.....
 


Jim D

Well-known member
Jul 23, 2003
5,266
Worthing
I'm concerned about this statement.....

The building of the 22,000-seater stadium was due to start this year but must wait after the hearing. Work is expected to take two years.

It means that LDC can employ whatever delaying tactics they like in the knowledge that we won't move until after everything is cleared up.

Commin's comment that 'We have heard that the city and Albion may want to be represented at the High Court hearing. That is up to them but, if they do, it may delay the hearing' is obviously an attempt to point the finger at us for delaying matters (after they gave an assurance that they wouldn't).

I'm getting a bad feeling that this review is about to drag its heels.
 




HampshireSeagulls

Moulding Generation Z
Jul 19, 2005
5,264
Bedford
They will delay as long as they can, but the costs will go up as they do. It may cost us at the moment, but when we win the costs will be recoverable. The sad thing is that the councillors who are delivering personal blowjobs to the vocal few may well be gone when it comes to announcing the increase in Council Tax to the residents.

Is there any way that the residents can actually stop the judicial review - I mean a legal way, not a hand grenade into the council chambers.
 


Gwylan said:
Ed.

How can the council say that it would have no liability for the club's costs even if it loses. My understanding is that the judge can (and usually does) order the appellant to pay all costs in the event of a JR going against it. Is this wrong?
I have a sneaking feeling that Lewes DC have cocked up bigtime by serving the Court papers on the Club, when they could have confined their target to the ODPM.

Their response to the Argus story is a lame (and misguided) attempt to reassure council tax payers that it won't cost them more than £25,000. But, as the ODPM say, they are wrong.

The History Man and I will be asking questions this afternoon.
 


Gwylan

Well-known member
Jul 5, 2003
31,720
Uffern
dougdeep said:
So it has cost us another £90,000. We could get a player for that. :angry:

Exactly.

It's a pity that the people who say "why haven't we signed him" or "why don't we try to land so-and-so" don't take notice of things like that and try to recognise the constraints under which McGhee is working.
 




Barrel of Fun

Abort, retry, fail
Gwylan said:
Exactly.

It's a pity that the people who say "why haven't we signed him" or "why don't we try to land so-and-so" don't take notice of things like that and try to recognise the constraints under which McGhee is working.

That would be just unacceptable :jester:

As for calls, now and then, for Dick Knight to hand over, I doubt anyone will want to invest until the first trench has been dug in Falmer and the stadium is on its way....
 


HampshireSeagulls said:
Is there any way that the residents can actually stop the judicial review - I mean a legal way, not a hand grenade into the council chambers.
That's a good question.

There are two ways to get this process abandoned.

The first is for the LDC Cabinet to change their mind. I have no hopes of that happening.

The second is for LDC's Scrutiny Committee to call the decision in.

I was not at all confident of that happening, until I received the following e-mail from Lewes DC's Scrutiny Secretary:-

... Thank you for your email to the Scrutiny Committee councillors suggesting that they consider reviewing the recent Cabinet decision on the Falmer issue.

The Committee members have agreed to discuss the matter and decide what action to take as soon as possible after the Chair of the Scrutiny Committee returns from leave on 13 January. I will of course keep you informed of whatever decision is reached...


Some councillors at least seem to be contemplating having second thoughts.
 






HampshireSeagulls

Moulding Generation Z
Jul 19, 2005
5,264
Bedford
Lord Bracknell said:
That's a good question.

There are two ways to get this process abandoned.

The first is for the LDC Cabinet to change their mind. I have no hopes of that happening.

The second is for LDC's Scrutiny Committee to call the decision in.

I was not at all confident of that happening, until I received the following e-mail from Lewes DC's Scrutiny Secretary:-

... Thank you for your email to the Scrutiny Committee councillors suggesting that they consider reviewing the recent Cabinet decision on the Falmer issue.

The Committee members have agreed to discuss the matter and decide what action to take as soon as possible after the Chair of the Scrutiny Committee returns from leave on 13 January. I will of course keep you informed of whatever decision is reached...


Some councillors at least seem to be contemplating having second thoughts.

Good. At least with the Argus making this front page news, the residents must start to get nervous about their money being mis-spent. The more this is questioned in public, the more chance of this Scrutiny Committee stepping in.

Failing that, I am ready and waiting with a hand grenade.
 


Barrel of Fun

Abort, retry, fail
Lord B, is there not various legislation in place to protect or push forward sporting facilities?

Do the LDC have a duty of care to step back from their appeal? Surely, if their actions are going to harm the club......

Or am I living in some fantasy world?
 


Curious Orange

Punxsatawney Phil
Jul 5, 2003
10,146
On NSC for over two decades...
Re: Re: The cost of the stadium appeal

Lord Bracknell said:
They make the Albion and the City Council "defendants", when they didn't need to, and then claim that it is "up to them" whether they turn up in Court.

Presumably you or Tim will be berating them on that particular point later today.

I worry about LDC's legal councel. First they mis-read the letter re-opening the Inquiry, then name parties as defendants that that they don't need to, then they don't realise that this will triple the costs if they lose.
 


The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
So this is £90,000 from the Albion, £35,000 from LDC (yeah, right). Assuming, and let's be extremely conservative (with a small 'c') here, that the government's solicitors are doing this on the cheap and their fees will be the same as the Albion, that's £215,000 that Lewes District Council are playing fast and loose with.

WHICH IS A BIT MORE THAN £65,000.

:angry: :angry: :angry:
 




hans kraay fan club

The voice of reason.
Helpful Moderator
Mar 16, 2005
62,499
Chandlers Ford
adrian29uk said:
How will Council tax payers feel when LDC have to give us £90,000 because of their stupidity.

We can use it to sign a new C-F. Perhaps Norman Baker would like to sponsor his kit?
 


Tom Hark Preston Park

Will Post For Cash
Jul 6, 2003
71,896
Any way that individual LDC councillors can be made responsible for the Judicial Review costs? Might just concentrate their minds a bit more. Cos you can bet your life they'll all abandon the sinking ship double-quick as soon as the costs start rising.
 


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