What Case Have LDC Put To The High Court?

[Curious Orange]

Has the case that Lewes District Council are going to be arguing been disclosed yet?

Does anyone know what it is?

 

[Bwian]

Has the case that Lewes District Council are going to be arguing been disclosed yet?

Does anyone know what it is?

Did they file their application or whatever it is they had to do by Dec 9? I haven't seen mention of it anywhere on here at all-unless I just missed it?

 

[Tom Hark Preston Park]

And while we're at it, are these creeps allowed to drag the proceedings on interminably like they did at the Inquiry? Y'know, unavoidable prior appointments, skiing holidays and the like? Cos if they can, they will.

 

[Curious Orange]

I understand that they said they wouldn't. But I wouldn't put any undue trust in that.

 

[Bwian]

I understand that they said they wouldn't. But I wouldn't put any undue trust in that.

They also said that they'd abide by the ODPM's decision didn't they?

I wouldn't trust any of them-especially that Cuttress woman.

 

[perseus]

We the Court Case be delayed because of the Wordl Cup or will the Judge be best pleased if it is on the same date that England play Trinidad?

 

[Bwian]

Shoot-does anybody know what's happening now-it seems to have all gone very quiet from all sides?

I already know Persil doesn't (thanks for your input BTW ) have a frigging clue...

 

[Hadlee]

Its hard to tell but having read their statements in the media it looks as though they are going to challenge the part on National interest.

Prescott said the Building of the Stadium in ANOB land is not in the national interest but the fact that it would help to regenerate an economically deprived area (Moulscoumb) then it is in the National interest.

Lewes LDC are saying this will set a precedent meaning that any developer can build on ANOB providing they can prove it helps a deprived area nearby.

 

[London Irish]

I still can't see how them disagreeing over what constitutes a national interest (and I think there were one or two other factors that Prescott considered in making that judgment as well) meets the test for a judicial review, that Prescott's handling of the planning law and procedures was flawed in some way, or that he overlooked something. He obviously considered this matter at great length.

 

[Lady Whistledown]

I was under the impression that, unless LDC actually win their appeal, it won't make much difference to us?

The decision stands in the meantime, the Albion continue trying to get the capital in place, and the plans carry on until we hear otherwise.

The club have stated on several occasions that building is unlikely to commence until around this time next year, so it doesn't seem as though LDC will be able to delay things further.

In which case we should try and drag it out for as many weeks as possible, just to spite them, so when they lose, they get hit with a much larger legal bill and costs



And then get massive flak from the taxpayers of the area who have to fund it.

 

[perseus]

I am not going to put ideas in their head ...... but has anybody got the exact wording of the Act that applies?


What constitutes "in the national interest" is fact or opinion or judgement i.e. not a point of law.

But it all depends what the Statutes and subsequent interpretations in Court cases actually say.

There may be a difference between AONBs and National Parks?

I wouldn't give tuppence for the LDC statements in the media.

 

[Curious Orange]

What constitutes "in the national interest" is fact or opinion or judgement i.e. not a point of law.

PPS 1 section 23.

 

[perseus]

PPS 1 section 23.

Thats just guidelines, interpretation of the Law. I can't hack to browse throught he various Acts and I do not know the Act to start with.

In my experience (appealing to the House of Lords on a point of law) the guidelines are always worded differently from the actual law passed in Parliament. It might be just a word here and there, but this can change the emphasis in subtle but important ways.

This gives the lawyers an extra pay packet.

(hypothetically e.g. the planning guidelines might specify some rules regarding the length of residential boats, but the law would specify what a residential boat is, so a Planning Inspector and Presott would refuse permission for a houseboat, but then the boat owner could argue on a point of law that the description of the houseboat is not adequately defined in planning law requirements etc.)

 

[perseus]

PS: This is why large developers often get their way. Instead of relying on Planning Officers they engage an expensive Planning Consultant at stage one. It doesn't always work though.

 

[Easy 10]

Hang on - I don't remember seeing ANYTHING in the plans about a houseboat. No wonder the nimbys are up in arms. Houseboats would look totally out of place next to the A27, and where would they go ? The coachpark ? We should be told.

 

[perseus]

Hang on - I don't remember seeing ANYTHING in the plans about a houseboat. No wonder the nimbys are up in arms. Houseboats would look totally out of place next to the A27, and where would they go ? The coachpark ? We should be told.

There is a perfectly good pond

 

[Rangdo]

Hang on - I don't remember seeing ANYTHING in the plans about a houseboat. No wonder the nimbys are up in arms. Houseboats would look totally out of place next to the A27, and where would they go ? The coachpark ? We should be told.

Why put it next to the A27 when we could moor it on Falmer Pond. We could even get some gypos to live in it.

 

[Curious Orange]

Perseus, the main thrust of LDC's argument (to date - and thus my interest in what they actually put to the High Court), is that the decision goes against the GUIDELINES - it doesn't.

 

[Rangdo]

So is there anywhere where we can go and view their application for a judicial review?

 

[Heffle Gull]

The grounds seem to be laid out here

Lewes District Council

I Particularly like this bit:

"Falmer village is a protected conservation area and one of the best preserved examples of a traditional Sussex downland village."

They forgot to add "If you ignore the bit thats cut off by the Railway and A27"