Unfortunately we have not been granted leave to Appeal against the JR decision.
Disappointingly the Planning Inspector has found the Princes Parade policy in the PPLP sound.
You can read his report here:Planning Inspector Report on the PPLP
The relevant paragraphs are 21-26.
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.
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.
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.
We have now launched our Crowd Funding campaign. To make a donation please visit https://www.crowdjustice.com/case/saveprincesparade/
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 have now been lodged with the High Court.
You can read the grounds here : Judicial Review.
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 email@example.com
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.
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.