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Falmer Shock! - No Need for the Case to go to Court



Yorkie

Sussex born and bred
Jul 5, 2003
32,367
dahn sarf
Lewes win on a technicality

Today's Argus
http://www.theargus.co.uk/the_argus/news/NEWS0.html


Falmer bid rocked by Prescott's blunder

by Rob Hustwayte

PLANNING permission for Albion's Falmer stadium has been sensationally quashed after John Prescott admitted making a blunder in his letter of approval.

The Deputy Prime Minister made a fundamental factual error when he said "Yes" to the 22,000-seat arena last October and will now reconsider the application.

Lawyers for Lewes District Council pointed out the mistake in their evidence to the High Court, where they were seeking a judicial review of the planning permission.

A spokesman for the Office of the Deputy Prime Minister (ODPM) said Mr Prescott acknowledged he had made an error in his decision letter, when he said "Yes" to Falmer.

As a result, his office has decided not to challenge Lewes District Council's legal action.

The spokesman said: "Instead, the planning permission will be rescinded and the Secretary of State will make a new decision.

"This does not mean the original decision was wrong. We have conceded because of a technical error, not because of the substance of the decision."

In his approval letter, Mr Prescott made a number of references to the stadium being inside the development boundary of Brighton and Hove as designated by the local plan.

But Lewes District Council pointed out only a small part of the stadium site at Village Way was inside the boundary.

It was understood to be the council's key argument in its attempt to get the stadium permission overthrown in the High Court in a joint action with Falmer Parish Council and the South Downs Society.

Anti-stadium campaigners are claiming victory but Albion bosses said fans had nothing to worry about and the news was likely to actually speed up the long-running stadium saga.

Albion Chief Executive Martin Perry said: "The club is pleased that the Treasury Solicitor has decided to take this route.

"Although it will give a Pyrrhic victory to Lewes, this is the most sensible and quickest route out of the mess Lewes have created, because the club will not have to wait for a court hearing, or the time it takes for the judgement to be made. It is only a minor technicality and was not a determining factor in the decision."

He said it would not affect the club's latest target of opening the £50 million arena in time for the 2009/10 season.

Club chairman Dick Knight added: "It is extremely frustrating that Lewes have been be able to delay the process on a technicality. I fail to understand why they should be so hostile towards the stadium, which will bring massive sporting, social and economic benefits, not just to Brighton and Hove but to the whole of Sussex including Lewes."

Mr Prescott will now invite the football club, Lewes District Council, Brighton and Hove City Council and other parties to the planning inquiry to submit written evidence on the mistake.

The ODPM could not say how long that would take or what the outcome would be, but Mr Perry predicts the club will have final, water-tight planning permission by August this year.

But if Mr Prescott says "Yes" again there is a chance Lewes District Council could seek another judicial review.

The boundary issue was not the only point made by the council in its evidence to the High Court. It also questioned whether Mr Prescott was right to allow development on a legally-protected landscape and that he failed to recognise other suitable sites, like Sheepcote Valley and Toad's Hole Valley.

Buffoon The ODPM spokesman added: "The Secretary of State does not concede on any of the other grounds of challenge that Lewes District Council have made."

Norman Baker MP, who opposed the Falmer site, said: "It seems like a pretty major mistake to make and it will mean more unwelcome uncertainty for both the club and the people of Falmer. I'm not surprised in one way because the ODPM is the most useless department in the Government and John Prescott is a buffoon.

"Whatever happens now we need a decision in the shortest possible time. This can't go on indefinitely."

Tim Carder, chairman of Brighton and Hove Albion Supporters' Club, said: "Congratulations to Lewes, it looks like they will have won the day on this one technicality.

"But Mr Prescott wording his decision incorrectly doesn't alter the fact the stadium was approved because it significantly helps the regeneration of a deprived area. It is still in the national interest, and it was given the go-ahead because the benefits hugely outweigh the harm to this nondescript, urbanised part of the Area of Outstanding Natural Beauty."

Falmer For All campaigner Ed Bassford sounded a warning note, saying: "A lot will depend on whether or not Lewes District Council accepts the other points it made were invalid.

"If not then they could well seek another judicial review if Mr Prescott says yes again."

A spokesman for Lewes District Council was unavailable for comment last night.
 






Sep 24, 2003
701
Seven Dials
Falmer bid rocked by Prescott's blunder

by Rob Hustwayte

PLANNING permission for Albion's Falmer stadium has been sensationally quashed after John Prescott admitted making a blunder in his letter of approval.

The Deputy Prime Minister made a fundamental factual error when he said "Yes" to the 22,000-seat arena last October and will now reconsider the application.

Lawyers for Lewes District Council pointed out the mistake in their evidence to the High Court, where they were seeking a judicial review of the planning permission.

A spokesman for the Office of the Deputy Prime Minister (ODPM) said Mr Prescott acknowledged he had made an error in his decision letter, when he said "Yes" to Falmer.

As a result, his office has decided not to challenge Lewes District Council's legal action.

The spokesman said: "Instead, the planning permission will be rescinded and the Secretary of State will make a new decision.

"This does not mean the original decision was wrong. We have conceded because of a technical error, not because of the substance of the decision."

In his approval letter, Mr Prescott made a number of references to the stadium being inside the development boundary of Brighton and Hove as designated by the local plan.

But Lewes District Council pointed out only a small part of the stadium site at Village Way was inside the boundary.

It was understood to be the council's key argument in its attempt to get the stadium permission overthrown in the High Court in a joint action with Falmer Parish Council and the South Downs Society.

Anti-stadium campaigners are claiming victory but Albion bosses said fans had nothing to worry about and the news was likely to actually speed up the long-running stadium saga.

Albion Chief Executive Martin Perry said: "The club is pleased that the Treasury Solicitor has decided to take this route.

"Although it will give a Pyrrhic victory to Lewes, this is the most sensible and quickest route out of the mess Lewes have created, because the club will not have to wait for a court hearing, or the time it takes for the judgement to be made. It is only a minor technicality and was not a determining factor in the decision."

He said it would not affect the club's latest target of opening the £50 million arena in time for the 2009/10 season.

Club chairman Dick Knight added: "It is extremely frustrating that Lewes have been be able to delay the process on a technicality. I fail to understand why they should be so hostile towards the stadium, which will bring massive sporting, social and economic benefits, not just to Brighton and Hove but to the whole of Sussex including Lewes."

Mr Prescott will now invite the football club, Lewes District Council, Brighton and Hove City Council and other parties to the planning inquiry to submit written evidence on the mistake.

The ODPM could not say how long that would take or what the outcome would be, but Mr Perry predicts the club will have final, water-tight planning permission by August this year.

But if Mr Prescott says "Yes" again there is a chance Lewes District Council could seek another judicial review.

The boundary issue was not the only point made by the council in its evidence to the High Court. It also questioned whether Mr Prescott was right to allow development on a legally-protected landscape and that he failed to recognise other suitable sites, like Sheepcote Valley and Toad's Hole Valley.

Buffoon The ODPM spokesman added: "The Secretary of State does not concede on any of the other grounds of challenge that Lewes District Council have made."

Norman Baker MP, who opposed the Falmer site, said: "It seems like a pretty major mistake to make and it will mean more unwelcome uncertainty for both the club and the people of Falmer. I'm not surprised in one way because the ODPM is the most useless department in the Government and John Prescott is a buffoon.

"Whatever happens now we need a decision in the shortest possible time. This can't go on indefinitely."

Tim Carder, chairman of Brighton and Hove Albion Supporters' Club, said: "Congratulations to Lewes, it looks like they will have won the day on this one technicality.

"But Mr Prescott wording his decision incorrectly doesn't alter the fact the stadium was approved because it significantly helps the regeneration of a deprived area. It is still in the national interest, and it was given the go-ahead because the benefits hugely outweigh the harm to this nondescript, urbanised part of the Area of Outstanding Natural Beauty."

Falmer For All campaigner Ed Bassford sounded a warning note, saying: "A lot will depend on whether or not Lewes District Council accepts the other points it made were invalid.

"If not then they could well seek another judicial review if Mr Prescott says yes again."

A spokesman for Lewes District Council was unavailable for comment last night.
 


Yorkie

Sussex born and bred
Jul 5, 2003
32,367
dahn sarf
Snap

Threads now merged
 
Last edited by a moderator:








Green Cross Code Man

Wunt be druv
Mar 30, 2006
20,714
Eastbourne
Trouble is we could all be in the same position again with Lewes possibly challenging any new planning permission granted in the summer.
:nono:
 






Kinky Gerbil

Im The Scatman
NSC Patron
Jul 16, 2003
58,775
hassocks
Green Cross Code Man said:
Trouble is we could all be in the same position again with Lewes possibly challenging any new planning permission granted in the summer.
:nono:


This could go on for a few more years yet - the champers is the summer looks to have seemed too soon now - no wonder the ldc are confident.
 




We've always known that Prescott had made an error in saying that the whole of the stadium site was within the boundary of the built up area drawn on the map in the Brighton & Hove Local Plan.

What is really EXCELLENT about today's news is that this is the ONLY point in Lewes's "case" that the Government has conceded.

The built up area boundary line ISN'T the limit of any permitted development. The Local Plan acknowledges that the Stadium will be built. It has a policy that says that if the Stadium isn't built, the site will be allocated to University development.

Prescott is bound to recognise this when he reconsiders the error. And when he takes it into account, he will give us the planning permission all over again.

The other GOOD NEWS is that there is NO NEED FOR A HIGH COURT HEARING to move things forward.
 












Stumpy Tim said:
But Ed, the way I read it is that Prescott makes another Yes decision in August, and LDC will then demand another judicial review - thus meaning more delays.
And that's the gist of the concern I expressed in my comment that is reported in the Argus story.

On the other hand ...

Look at Baker's first reaction. He wants the issue resolved quickly. This can't go on indefinitely.

If Lewes Lib Dems can follow his leadership, they'll take this as an opportunity to accept Prescott's decision.
 


Timbo

Well-known member
Jul 5, 2003
4,322
Hassocks
Lord Bracknell said:


Look at Baker's first reaction. He wants the issue resolved quickly. This can't go on indefinitely.

If Lewes Lib Dems can follow his leadership, they'll take this as an opportunity to accept Prescott's decision.

Do you honestly believe that??

Add another year to any planned date we might have had.
 


blockhseagull

Well-known member
Jan 30, 2006
7,364
Southampton
Stumpy Tim said:
But Ed, the way I read it is that Prescott makes another Yes decision in August, and LDC will then demand another judicial review - thus meaning more delays.

Exactly...to me this is shit news.

Although we could have permission again by August the LDC are bound to appeal once again as their whole plan is to drag this out for as long as possible and put the club out of business.

So now are we looking that it will be a court hearing this time next year...or even later ??

:angry: :angry:
 


Yorkie

Sussex born and bred
Jul 5, 2003
32,367
dahn sarf
At least we've saved the £90K for defence costs (at the moment)
 




LDC have taken such a hammering from their residents, that they are BOUND to reconsider their position.

They also now know that the government's own lawyers (the top, top experts in the field) have REJECTED ALL THEIR OTHER ARGUMENTS.

It is a complete waste of time and money for them to continue their opposition.
 


Timbo

Well-known member
Jul 5, 2003
4,322
Hassocks
Lord Bracknell said:
It is a complete waste of time and money for them to continue their opposition.

Whens that ever stopped them before!

I like your point about now knowing that theres nothing else wrong though.
 


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