Permission to Appeal Refused

Unfortunately we have not been granted leave to Appeal against the JR decision.

This is of course bad news and the end of the road for the legal challenge against the planning decision. However this is but one hurdle overcome by the District Council who still have a load of very difficult problems to deal with in practice.
Our formal challenge was only against the planners – because that is all that can be challenged by Judicial Review – whereas our real challenge is against the development itself. FHDC cannot ignore the fact that the vast majority of local people do not want this development, as witnessed by the 2019 local elections, because it decimates a highly valued and much used amenity. The true value of PP has certainly been felt during lockdown.
For example, FHDC still has to overcome the many objections against “stopping up” the road: When they genuinely know the real costs they will certainly have to justify them as well as overcoming extensive environmental, drainage and ecological issues. They will fail on all those fronts. The PP solution is certainly not the cheapest and quickest means of providing a new swimming pool, in spite of what FHDC has claimed in the past.

Result of Judicial Review

Sadly we have just heard that our claim was dismissed by Justice Dove. On the advice of our solicitors we have appealed to Justice Dove to review his decision.

Great News

This afternoon we have been granted permission to proceed to the substantive hearing of the Judicial Review after challenging the previous decision in court.

Thanks to all who have helped us raise the funds for this.

 

Update on the Judicial Review

We are aware that the council have today issued this statement:

“Folkestone & Hythe District Council’s (F&HDC) planning decision has been upheld by the High Court with the judge – Mr. Justice Lieven – rebutting the arguments for judicial review in turn.He has awarded up to £5,000 to the council in costs.The applicant has seven days in which to ask for the decision to be reconsidered.”

SPP has received the judge’s comments, and they are disappointing. However we are advised by our solicitors that this initial refusal is almost standard practice. The judges comments included an invitation to request a permission hearing. What is clear is the judge wishes to hear the arguments in person and we are busy preparing for the hearing with our barrister. We had anticipated having to go to a permission hearing but we had hoped it would not be necessary because the arguments are so clearly in our favour. As the judge as requested, we will happily make our arguments to him in person.

So there is still plenty to be positive about.

Planning Consent Granted 18 July 2019

Following the formal grant of planning consent on 18 July 2019  we have now instructed our solicitors to request a judicial review of the planning decision and so will need to collect the monies pledged towards our legal costs.

If you have already made a pledge or are able to make a donation please contact us on membership@saveprincesparade.org

 

Get Together on the Canal Friday 26th July

Join us for a gathering on the canal  to celebrate all that’s good about Prince’s Parade from 5-9m on Friday 26th July.

We will be in the picnic area on the north bank of the canal adjacent to the canal path about 400 yards west of the Sea Road bridge and 50 yards of the 2nd bridge.

There will be music from Lorraine Lucas and Diane Dunn, poetry and good company.

Come and meet with your community, share ideas and stand in solidarity to protect Princes Parade.

Bring your own chairs and picnic blankets.

 

 

 

Full Council Meeting 26 June 2019

At a meeting of full council on 26th June 2019 a motion was passed to withdraw the planning application and to start work on a planning application for the leisure centre at Martello Lakes. However the Monitoring Officer claims this decision is not binding on cabinet. We wait to see how Davis Monk the Leader of the council will respond to this.