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Could this be delaying the decision?.......



Granny Goodchild

New member
Sep 24, 2003
68
Last year John Prescott ignored the planning inspectors advice and approved the construction of an asylum seekers facility in Bicester. In October 2003, opponents called for a Judicial Review, claiming that the decision to override the independent planning inspector's advice was legally flawed. That review will take place at the Law Courts on 16th and 17th March.

It is quite possible that Prescott's advisors will want to wait until after this review before taking a similar decision.

One encouraging fact is that the legal bill for the opponents is estimated at £500,000.



http://www.bag2002.co.uk
 
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mona

The Glory Game
Jul 9, 2003
5,471
High up on the South Downs.
Granny Goodchild said:


"One encouraging fact is that the legal bill for the opponents is estimated at £500,000."


I expect the Falmer residents backed by Lewes DC, a few pseudo-environmental groups and the odd rich toff will raise that sum no problem.



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Bwian

Kiss my (_!_)
Jul 14, 2003
15,898
IF it goes to a judicial revue and IF we get the final go ahead The Albion should seek compensation for lost income attributable to the delays.

3 seasons @ ? = enough to make them think twice about another challenge. If we're allowed to do that!
 




The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
Whoever loses a judicial review has to pay ALL legal and court costs.

Mona: I really can't see anyone stumping that sort of dough for a judicial review - and certainly not public money. It is a VERY risky business, with little or no guarantee of success. The review has to prove that (in this case) JP made his decision illegally or without due process of law.

The nature of these decisions has gone on for a long time. The ODPM know exactly how to arrive at their decision. And for the record, I still don't believe that there has been a delay. They just haven't got round to it yet. We are not top of the priority list.
 
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Superseagull

Well-known member
Jul 8, 2003
2,123
I think that this is the reason why the decision has taken so long. I reckon Prescott is ready to say yes, but is waiting on the legal outcome of making such a decision against local planning inspectors recommendations. Maybe we will have positive news on Falmer by the end of the week IF the legal case goes in Prescott’s favour?
 


The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
Superseagull said:
I think that this is the reason why the decision has taken so long. I reckon Prescott is ready to say yes, but is waiting on the legal outcome of making such a decision against local planning inspectors recommendations. Maybe we will have positive news on Falmer by the end of the week IF the legal case goes in Prescott’s favour?

HIGHLY unlikely. All the the OPDM has to do overturn any RECOMMENDATIONS from the Local Plan Inspector's report is take each point made by (in this case) Hoile, and tick them off as valid or not. As we all know, Hoile was talking out of his arse, and I believe both the Planning Inspectorate and the ODPM know this.

Most of it hinges on what is in Collyer's report. WE JUST DO NOT KNOW THE CONTENTS of that report. Going against the inspector's report is NOT ENOUGH to mount a judicial review, as Prescott has the power and the right to ignore it or to act upon it.

I repeat. The reason for no decision being known is because one has not been made. Civil servants will work at thier own pace, irrespective of the consequences. They will let us know when they are ready.
 
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