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Man loses battle to thwart Albion From The Argus)
Man loses battle to thwart Albion
9:10am Sunday 29th November 2009
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By Richard Gurner »
A resident living next door to Brighton and Hove Albion’s Withdean Stadium has been defeated in his bid to get the club kicked out of the ground.
John Catt, whose home in Shepherds Croft, Brighton, backs on to the stadium site, had been trying to take his fight to the European Court of Justice (ECJ) after previous court rulings went against him.
The club has temporary consent from Brighton and Hove City Council to continue playing games at the stadium until their new home at Falmer is completed in 2011.
Mr Catt claimed its use for professional football interfered with his enjoyment of his home, due to light pollution, noise and traffic congestion on match days.
Yesterday, sitting at London’s Court of Appeal, Lord Justice Richards refused him permission to take his fight further.
Along with Lord Justice Pill, the judge also refused him permission to appeal against a High Court ruling against him in June this year.
Lord Justice Richards said in his judgement he was aware that this was the end of the line for Mr Catt, who cannot appeal further.
In June’s ruling, deputy judge Sir Thayne Forbes rejected Mr Catt’s challenge to the fifth temporary planning permission granted to the football club since it moved to Withdean in 1998.
The latest permission clears the club to play at the ground until June 2011.
Mr Catt claimed Brighton and Hove City Council never subjected the club’s planning applications to an Environmental Impact Assessment (EIA) as required by European law.
He also claimed the High Court was wrong to refuse him a judicial review and said that a House of Lords ruling in one of his previous challenges to a planning permission had now rendered the law on EIA unclear.
His lawyers argued that an urgent reference to the ECJ was required to clarify the law.
However, the Appeal Court judges yesterday ruled this was not necessary.
A spokesman for Brighton and Hove City Council said: “We are pleased the court has found that the council has acted with propriety throughout its dealings on the Withdean Stadium.”
Martin Perry, Brighton and Hove Albion’s chief executive, said: “It’s about time, too.
“Perhaps he will now realise that he has not got a case.
“This must have been the sixth or seventh time he has had a go at us, and it’s utterly outrageous that he’s funding it all with legal aid.
“The case wasn’t against us, it was against the council so public money has been used to fight public money.
“The only party that suffers in this is the football club.”
Man loses battle to thwart Albion
9:10am Sunday 29th November 2009
Comments (1) Have your say »
By Richard Gurner »
A resident living next door to Brighton and Hove Albion’s Withdean Stadium has been defeated in his bid to get the club kicked out of the ground.
John Catt, whose home in Shepherds Croft, Brighton, backs on to the stadium site, had been trying to take his fight to the European Court of Justice (ECJ) after previous court rulings went against him.
The club has temporary consent from Brighton and Hove City Council to continue playing games at the stadium until their new home at Falmer is completed in 2011.
Mr Catt claimed its use for professional football interfered with his enjoyment of his home, due to light pollution, noise and traffic congestion on match days.
Yesterday, sitting at London’s Court of Appeal, Lord Justice Richards refused him permission to take his fight further.
Along with Lord Justice Pill, the judge also refused him permission to appeal against a High Court ruling against him in June this year.
Lord Justice Richards said in his judgement he was aware that this was the end of the line for Mr Catt, who cannot appeal further.
In June’s ruling, deputy judge Sir Thayne Forbes rejected Mr Catt’s challenge to the fifth temporary planning permission granted to the football club since it moved to Withdean in 1998.
The latest permission clears the club to play at the ground until June 2011.
Mr Catt claimed Brighton and Hove City Council never subjected the club’s planning applications to an Environmental Impact Assessment (EIA) as required by European law.
He also claimed the High Court was wrong to refuse him a judicial review and said that a House of Lords ruling in one of his previous challenges to a planning permission had now rendered the law on EIA unclear.
His lawyers argued that an urgent reference to the ECJ was required to clarify the law.
However, the Appeal Court judges yesterday ruled this was not necessary.
A spokesman for Brighton and Hove City Council said: “We are pleased the court has found that the council has acted with propriety throughout its dealings on the Withdean Stadium.”
Martin Perry, Brighton and Hove Albion’s chief executive, said: “It’s about time, too.
“Perhaps he will now realise that he has not got a case.
“This must have been the sixth or seventh time he has had a go at us, and it’s utterly outrageous that he’s funding it all with legal aid.
“The case wasn’t against us, it was against the council so public money has been used to fight public money.
“The only party that suffers in this is the football club.”
