Got something to say or just want fewer pesky ads? Join us... 😊

WHEN Prescott says YES to Falmer, do the NIMBYs get a chance to appeal?











Beach Hut

Brighton Bhuna Boy
Jul 5, 2003
72,220
Living In a Box
There is no reverse as far as I know - when it is "yes", Falmer it is.
 


Beach Hut

Brighton Bhuna Boy
Jul 5, 2003
72,220
Living In a Box
Yoda said:
Yes, but they only have 91 days to do so. :(

......sake - you are joking :angry:
 




LANGDON SEAGULL

Well-known member
Dec 9, 2004
3,506
Langdon Hills
I believe they can only appeal against the initial planning application, not a public enquiry

*prepares to be shot down in flames*
 










LANGDON SEAGULL

Well-known member
Dec 9, 2004
3,506
Langdon Hills
Ernest said:
I would think a more PERTINENT question would be 'would the club be allowed to appeal when Prescott said NO ?'

Prescott wont say no as such, but recommend the best alternative
 


Muhammed - I’m hard - Bruce Lee

You can't change fighters
NSC Patron
Jul 25, 2005
10,895
on a pig farm
that was my understanding aswell. i believed that had JP said yes last time it would had led to a judicial review. by re-opening the enquiry whatever he says will be the final word. i may be wrong of course, but that was my understanding at the time
 




Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,145
Location Location
The public enquiry WAS their appeal (against the councils original decision to back the plans). There's nothing new that could come out in an appeal that hasn't already been (exhaustively) researched, investigated and picked to bits during the enquiry itself.

The Governments decision is FINAL.
 


Yoda

English & European
They can still challenge the decision and take it to a judicial review.

Would be hard to see how they could succeed if they did after the second enquiry into other possible sites.
 


eastlondonseagull

Well-known member
Jan 15, 2004
13,385
West Yorkshire
Yoda said:
They can still challenge the decision and take it to a judicial review.

Would be hard to see how they could succeed if they did after the second enquiry into other possible sites.

Yeah, but you know how dodgy these judicial reviews can be :nono:
 




Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,145
Location Location
Yoda said:
They can still challenge the decision and take it to a judicial review.
They can only file for a judicial review on the basis that the Public Enquiry itself was incorrectly conducted. This is why we had the additional enquiry into other possible sites they wanted investigated as alternatives to Falmer - to head off this possibility.
 




Yoda

English & European
Easy 10 said:
They can only file for a judicial review on the basis that the Public Enquiry itself was incorrectly conducted. This is why we had the additional enquiry into other possible sites they wanted investigated as alternatives to Falmer - to head off this possibility.

But I think they still could after the original planning inspector recommended no.

I'm sure Lord B will correct me if I'm wrong.:angel:
 


dougdeep

New member
May 9, 2004
37,732
SUNNY SEAFORD
Yoda said:
Yes, but they only have 91 days to do so. :(

Is the correct answer. I doubt they could afford to though.
 




Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,145
Location Location
Yoda said:
But I think they still could after the original planning inspector recommended no.

I'm sure Lord B will correct me if I'm wrong.:angel:
It WAS only a reccomendation though - an opinion (and a deeply flawed one at that). At the end of the day, it wasn't actually the inspectors decision. It was (and is) the Governments.

As you say, Lord B is the fella on these matters, but from where I'm standing, the public enquiry covered every possible angle, and they were given every opportunity to present their case (and more at the subsequent enquiry). So applying for a judicial review on the basis that they didn't get the decision they want, would prove (a) hugely excpensive, and (b) unlikely to succeed.

Surely even LDC arn't stupid enough to go down that road if the decision goes against them.
 
Last edited:


BensGrandad

New member
Jul 13, 2003
72,015
Haywards Heath
In theory if the decision is yes on 31st October could the diggers move in and start work on 1st November as happened at The Goldstone the diggers went in on the Sunday morning following our last game thus making any further legal battles virtually impossible.
 


Albion and Premier League latest from Sky Sports


Top
Link Here