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Falmer Shock! - No Need for the Case to go to Court
- Thread starter Yorkie
- Start date
Jam The Man
Well-known member
LOL... so despite the smallest of minor victories for Lewes, this decision has actually caused the least amount of disruption possible! 
the Realist
New member
- Feb 5, 2006
- 176
blockhseagull said: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 ??
Agree 100%
It looks there will be an "enquiry into the mistake" where all parties attend and present evidence ... we know from previous enquiries that Lewes will not be available for all of the proposed dates that will be put forward and so this "mistake enquiry" may not take place until - say - November.
Then there is the Christmas break and Prescott gets the output from the enquiry writen and delivered to him in say - February 2007.
He then sits on it for a while (he does have other things to do you know) and finally writes another decision letter in - say - June 2007
The antis immeditely annoucne they will be seeking a judicial review - which, as we know from this one, will be at least a year in coming ... so that is now - say - Sept 2008 (doubt it will be held during summer recesses)
The antis have been trying to DELAY the stadium, I do think that privately they concede they cannot stop it, but if they delay long enough then maybe the funds will run out and it will stop itself.
it is a 99% certainty that they will appeal against the revised decision and all that will have hapened is that we will have lost the time between last summer and then - probably TWO years - and still be waiting for a judicial review.
I accept that Prescott possibly thinks this might be speeding things up - but that would be if we were against reasonable opposition. We are not and therefore this is slowing things down - I would far rather have gone to the judicial review NOW -rather than in 2008
Just an opinion
Lord Bracknell
On fire
From the official website:-
Falmer Development
Club Press Release
On Thursday afternoon, Brighton & Hove Albion received e-mail notification from the Treasury Solicitor acting on behalf of John Prescott. This was in response to the challenge lodged by Lewes District Council against his decision to grant planning permission for Falmer.
The Treasury Solicitor has advised that only one of the reasons for the challenge by Lewes has any merit. In the decision letter the Falmer site was described technically incorrectly. The letter refers to the site being within the "built-up-area" of Brighton & Hove. But only part of the site is in the "built-up-area" of Brighton & Hove. Part is outside the "built-up-area" and part of the site is in Lewes.
Due to this being an error of fact, even though it is only a minor technicality and was not a determining factor in the decision, the Treasury Solicitor has decided to 'Submit to Judgement' of the High Court and has drafted a consent order to be agreed with the other defendants - the club and Brighton & Hove City Council - and Lewes.
The matter will now be referred back to John Prescott for him to make the decision again.
Martin Perry explained, "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.
"The process from now is that Prescott has to invite all the interested parties to make further submissions prior to the decision being made again.
"None of the grounds put forward by Lewes in their challenge give valid reason for John Prescott to change his mind, and eventually the planning permission will be confirmed.
"The club very much regrets the action by Lewes which is a fruitless exercise. It can now be seen that the motive behind Lewes' challenge is not about protecting the AONB or because there are other sites. It is all about creating as much delay as possible, by seizing on a minor error, which was not fundamental to the decision, and getting the permission quashed on a mere technicality.
"Despite these frustrating delays the club is making excellent progress on putting together the funding package, and preparing the drawings and stadium details in readiness to go out to tender for the construction work. It is still targeting to start work mid-2007."
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 & Hove but to the whole of Sussex including Lewes.
"However with the support and backing of countless thousands of local people and the thorough transparency of two public inquiries, John Prescott has been persuaded that we should be granted planning permission for our stadium and he is not going to change his mind. All power to the democratic process."
Perry added, "This is a frustrating delay but it has not stopped us. The design team are fully committed to the project and actively working on it in readiness for a site start next year.
"We are pleased the Treasury Solicitor has chosen this route because the matter can now be cleared up quickly and we do not have to wait for a Court Hearing. It is frustrating that Lewes have chosen to take this action but good news for us that it is now being resolved."
http://www.seagulls.premiumtv.co.uk/page/News/StadiumDetail/0,,10433~812737,00.html
Falmer Development
Club Press Release
On Thursday afternoon, Brighton & Hove Albion received e-mail notification from the Treasury Solicitor acting on behalf of John Prescott. This was in response to the challenge lodged by Lewes District Council against his decision to grant planning permission for Falmer.
The Treasury Solicitor has advised that only one of the reasons for the challenge by Lewes has any merit. In the decision letter the Falmer site was described technically incorrectly. The letter refers to the site being within the "built-up-area" of Brighton & Hove. But only part of the site is in the "built-up-area" of Brighton & Hove. Part is outside the "built-up-area" and part of the site is in Lewes.
Due to this being an error of fact, even though it is only a minor technicality and was not a determining factor in the decision, the Treasury Solicitor has decided to 'Submit to Judgement' of the High Court and has drafted a consent order to be agreed with the other defendants - the club and Brighton & Hove City Council - and Lewes.
The matter will now be referred back to John Prescott for him to make the decision again.
Martin Perry explained, "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.
"The process from now is that Prescott has to invite all the interested parties to make further submissions prior to the decision being made again.
"None of the grounds put forward by Lewes in their challenge give valid reason for John Prescott to change his mind, and eventually the planning permission will be confirmed.
"The club very much regrets the action by Lewes which is a fruitless exercise. It can now be seen that the motive behind Lewes' challenge is not about protecting the AONB or because there are other sites. It is all about creating as much delay as possible, by seizing on a minor error, which was not fundamental to the decision, and getting the permission quashed on a mere technicality.
"Despite these frustrating delays the club is making excellent progress on putting together the funding package, and preparing the drawings and stadium details in readiness to go out to tender for the construction work. It is still targeting to start work mid-2007."
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 & Hove but to the whole of Sussex including Lewes.
"However with the support and backing of countless thousands of local people and the thorough transparency of two public inquiries, John Prescott has been persuaded that we should be granted planning permission for our stadium and he is not going to change his mind. All power to the democratic process."
Perry added, "This is a frustrating delay but it has not stopped us. The design team are fully committed to the project and actively working on it in readiness for a site start next year.
"We are pleased the Treasury Solicitor has chosen this route because the matter can now be cleared up quickly and we do not have to wait for a Court Hearing. It is frustrating that Lewes have chosen to take this action but good news for us that it is now being resolved."
http://www.seagulls.premiumtv.co.uk/page/News/StadiumDetail/0,,10433~812737,00.html
blockhseagull
Well-known member
the Realist said:Agree 100%
It looks there will be an "enquiry into the mistake" where all parties attend and present evidence ... we know from previous enquiries that Lewes will not be available for all of the proposed dates that will be put forward and so this "mistake enquiry" may not take place until - say - November.
Then there is the Christmas break and Prescott gets the output from the enquiry writen and delivered to him in say - February 2007.
He then sits on it for a while (he does have other things to do you know) and finally writes another decision letter in - say - June 2007
The antis immeditely annoucne they will be seeking a judicial review - which, as we know from this one, will be at least a year in coming ... so that is now - say - Sept 2008 (doubt it will be held during summer recesses)
The antis have been trying to DELAY the stadium, I do think that privately they concede they cannot stop it, but if they delay long enough then maybe the funds will run out and it will stop itself.
it is a 99% certainty that they will appeal against the revised decision and all that will have hapened is that we will have lost the time between last summer and then - probably TWO years - and still be waiting for a judicial review.
I accept that Prescott possibly thinks this might be speeding things up - but that would be if we were against reasonable opposition. We are not and therefore this is slowing things down - I would far rather have gone to the judicial review NOW -rather than in 2008
Just an opinion
Just wish he hadn't f***ed up that decision letter.
Bearing in mind this was the LDC main argument for going to court over this if this is changed on the new yes decision will they appeal again...i reckon they probably will
One more point..... why has the ODPM taken so long to come to this decision
Barrel of Fun
Abort, retry, fail
Can we claim lost revenue from Prescotts blunder, surely he has a duty of care.
Lord Bracknell said:
Wouldnt todays news show that infact they are not wasting time or money?
Icy Gull
Back on the rollercoaster
- Jul 5, 2003
- 72,015
Struggling to see this as anything but bad news, however people choose to dress it up. All comes down to whether the club can tough out 1/2/3/4 years of further delays. There are some f***ing vindictive people around these parts.
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Lord Bracknell
On fire
As I understand the process, there is no need for all parties to attend anything. The whole issue can be dealt with by written submissions.the Realist said:
The Realist is being unrealistically gloomy.
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Lord Bracknell
On fire
It's not the ODPM who have taken the time. It's the Treasury Solicitor's people - the top planning lawyers available to the government.blockhseagull said:
They have been considering LDC's case and have come to the conclusion that - apart from picking up this one error of fact - Lewes haven't got a leg to stand on.
blockhseagull
Well-known member
Lord Bracknell said:
Thats fair enough, it was a question not a moan.
But do you really really think that the LDC won't appeal against the new verdict
I can see why the club want to put a postive spin on this, but I'm the gloomy group too.
Even if the new decision is 'yes', there's bound to be another JR: not because there's any rational reason but because certain Lewes councillors are vindictive bastards who want the club to die.
This is going to delay us for at least another year I reckon.
Even if the new decision is 'yes', there's bound to be another JR: not because there's any rational reason but because certain Lewes councillors are vindictive bastards who want the club to die.
This is going to delay us for at least another year I reckon.
The Great Cornholio
New member
blockhseagull said:
I'm told that their appeal was all about giving Brighton and Hove City Council a bloody nose to make a point that they won't be bullied. It all depends if this has achieved their objectives. It is impossible to guess how sheer bloody minded politicians will be. I don't think another appeal is as certain as people seem to think. Especially as a new JR would be closer to the local elections than this one would have been.
maffew
Well-known member
I'm afraid I can only see it as a step backwards
blockhseagull
Well-known member
Couldn't have come at a worse f***ing time though could it.... had the first positive result in a long time and everyone is up for the game tomorrow as it is probably our last chance of staying up and then this happens.
Just f***ing sums up this season full stop
Just f***ing sums up this season full stop
Barrel of Fun
Abort, retry, fail
Can we claim lost revenue, due to the blunder. Duty of care?
Pavilionaire
Well-known member
- Jul 7, 2003
- 31,256
I'm not a legal person but can see how the Antis now have plenty of scope for further delaying tactics now they've exposed Prescott's ineptitude.
It seems unlikely to me that having won a victory, and had the balls to call Prescott a buffoon in the local press, the Antis will follow that up by conceding victory.
Like other posters I fully expect further significant delays. After all, we all know that Prescott IS a buffoon and this f***-up is pretty basic stuff, so how can you trust anything the guy says to be the truth?
I think we'll win the case, but in 2007.
It seems unlikely to me that having won a victory, and had the balls to call Prescott a buffoon in the local press, the Antis will follow that up by conceding victory.
Like other posters I fully expect further significant delays. After all, we all know that Prescott IS a buffoon and this f***-up is pretty basic stuff, so how can you trust anything the guy says to be the truth?
I think we'll win the case, but in 2007.
JJ McClure
Go Jags
and on, and on, and on, and on, and on, and on.....
surrey jim
Not in Surrey
Norman Baker MP, who opposed the Falmer site, said: "the ODPM is the most useless department in the Government and John Prescott is a buffoon.
Jonathon Livingstone
New member
Lord Bracknell said:
I think your interpretation is correct.
Yes this is going to cause a further delay, but the chances of LDC succeeding in their legal challenge have now been significantly reduced.