Following the formal grant of planning consent on 18 July 2019 we instructed our solicitors to request a judicial review of the planning decision .The council’s response to our Pre Action Protocol Letter was, as expected, a refusal to withdraw their planning consent.
Papers for the judicial review were then been lodged with the High Court.
In its initial consideration of our application the High Court refused consent for the Judicial Review to go forward. Our lawyers referred our case back to the courts for reconsideration in open court. On 3rd December we were granted permission to proceed to the substantive hearing of the Judicial Review took place on 24th March 2020.
Sadly we heard on 22 June 2020 that our claim was dismissed by Justice Dove. On the advice of our solicitors we have appealed to Justice Dove to review his decision.
Our lawyers felt that Justice Dove’s explanation for his dismissal was superficial and lacked detail.
You can read the full decision here JR Judgement.
The Council should have carried out the required sequential test for flooding , and members of the Planning Committee should have been advised of the significant harm the development would cause to the Royal Military Canal, a Scheduled Ancient Monument .
There are a myriad of other irregularities, inconsistencies and errors in the Council’s planning application and we feel it is worth pursuing them. We will examine the enormous financial loss the scheme will make and will ask what protection local people will have given the amount of asbestos and other toxins there are on the site.
Thank you for all the monies donated towards our legal costs but will need to raise more funds.
You can make a donation using any of the methods below.
You can read the grounds for the judicial review Judicial Review.