Falmer - Looks Like LDC Have Signed the Consent Order

[Nobby's Betamax Video]

The last I've read / heard was that LDC "will be" signing the order with Martin Perry saying something like them looking extremely silly if they didn't now.

Anyhoo, here is the latest update from the Governments' Planning Portal website:-

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Falmer stadium dispute side-steps court battle
The saga around plans for a stadium for Brighton and Hove Albion Football Club at Falmer has taken a new twist which means it will not, after all, be the subject of a High Court hearing.

The proposal, controversially given the green light by Deputy Prime Minister John Prescott, was due to be challenged in the High Court by the local parish council, Lewes District Council and the South Downs Society.

But they have just dropped their legal action after accepting government assurances that all the issues raised in their legal challenge will be considered when the planning applications are re-determined by the new Secretary of State, Ruth Kelly.

A spokesman for the Department for Communities and Local Government said the three bodies had now agreed the Consent Order which meant the decision could go back to the SoS to be re-determined.[/B]

"The SoS will write to all the parties inviting their representations on the issues," he said.
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Didn't quote any timescales for issuing the representations letter or the period within which all parties need to respond though.

 

[Curious Orange]

Good, hope the Secretary of State is a quick writer!!

 

[Dave the OAP]

This is all bollocks


What representations? Everyone has looked at the decision in detail.

Surely the civil servants will look at the decision....say clause 16 is crap, reword it....send it to us...we say .."Yah, lets all open bottles of champagne again....and have some photo opertunities"

LDC will then decide whether to appeal against all 16 points ( but realise that if they lose they will be stung for a horrendous Legal Bill)...they will not appeal and off we go.

then in 2078 the first brick will be laid and 15 years later, we play our forst home game against Forest Green Rovers

 

[Curious Orange]

Have you flipped Dave, I've been working very long hours this week, so it may just be me imagining it?

I think what the article is saying is that a new decision will be made once the interested parties have been given an opportunity to have a final say.

 

[The Large One]

What representations? Lewes' 16 points of challenge. They have pissed about so much that this is the government's first opportunity to look at them. It was only 10 months ago - 10 f***ing MONTHS - that they concocted their 'List of Time Wasting Horseshit' to lump on the government, and they messed about so much - they were offered the Consent Order in March - that it feels like everything should have been considered by now.

With hindsight, it can be argued was a mistake for the Treasury Solicitor to offer them a way of saving £250,000 out of their coffers, because they used and abused the legal process to their advantage to delay as long as possible. At the time (and even now) it seemed like a good idea, but what it has done is highlight Lewes main point of attack on the stadium - DELAY. It was an golden opportunity for Lewes to piss about, and they took it.

 

[Nobby's Betamax Video]

Think it also alludes to the fact that the "risk" of Ruth Kelly going the re-opening of the Public Inquiry route has gone.

From previous Perry quotes, the Club at the very least will use this opportunity to raise LDCs points themselves to ensure that LDC don't pull a fast-one and not submit them themselves (in order to use them again when the new Decision is made).

 

[Dave the OAP]

Have you flipped Dave, I've been working very long hours this week, so it may just be me imagining it?

I think what the article is saying is that a new decision will be made once the interested parties have been given an opportunity to have a final say.

No I havent flipped....what interested parties? What final says?

 

[Da Man Clay]

then in 2078 the first brick will be laid and 15 years later, we play our forst home game against Forest Green Rovers

More likely against Lancing United

 

[The Large One]

No I havent flipped....what interested parties? What final says?

All interested parties (Albion, BHCC, LDC, Treasury Solicitor etc) will be written to by Ruth Kelly to give their own representations - opinions - on Lewes' 16 points of challenge. They have six weeks from the date of the letter (expected in the next week or so) to respond.

 

[Dave the OAP]

All interested parties (Albion, BHCC, LDC, Treasury Solicitor etc) will be written to by Ruth Kelly to give their own representations - opinions - on Lewes' 16 points of challenge. They have six weeks from the date of the letter (expected in the next week or so) to respond.

But why? we have gone through 3 inquiries, reems of paperwork, lawyers, priests, prostitutes, accountants, dog buggerers etc etc

WHAT THE F IS THERE MORE TO TALK ABOUT - JUST MAKE THE DECISION YOU OVERBLOWN TART

 

[Curious Orange]

But why? we have gone through 3 inquiries, reems of paperwork, lawyers, priests, prostitutes, accountants, dog buggerers etc etc

WHAT THE F IS THERE MORE TO TALK ABOUT - JUST MAKE THE DECISION YOU OVERBLOWN TART

That's the spirit Dave!!

That is the way we ALL wish it could happen, but we have known for many, many, long, drawn-out months now that procedurally, once the decision was referred back to the Secretary of State, there would be a brief period where new/further evidence could be submitted by the interested parties (those mentioned in TLO's post, not plebs like us).

So we must wait for the bureacrats to do their thing... again.

 

[The Large One]

That's the spirit Dave!!

That is the way we ALL wish it could happen, but we have known for many, many, long, drawn-out months now that procedurally, once the decision was referred back to the Secretary of State, there would be a brief period where new/further evidence could be submitted by the interested parties (those mentioned in TLO's post, not plebs like us).

So we must wait for the bureacrats to do their thing... again.

Not new evidence. Only evidence in respect of John Prescott's aproval letter.

 

[Dave the OAP]

 

[The Large One]

This always was going to be the case, Dave. It's just Lewes' pissing about has made it this long and drawn out.

Look on the bright side. Once this six-week period is up and Ruth Kelly re-considers the application, it ought not taken anything like the length of time Prescott took, because there won't be that much information to consider in compraison.

 

[BensGrandad]

I am afraid I am going along with Dave on this why can't RK not just reconsider the evidence as it stands taking into account LDC objection and then if still in a quandry ask for further representation . It may well be that having read LDC objection she will say 'yes they are right and to over come that we will do XYZ' end of story or she may say 'yes the objection is too strong I need more evidence'. Either way she is progressing forward to an ealier announcement date rather than wait 6 weeks for more. if any, further evidence and then reconsider.

LDC have had 10 months to submit the evidence to support their objections. That is what has to be considered.

 

[El Dude Brother]

This always was going to be the case, Dave. It's just Lewes' pissing about has made it this long and drawn out.

Look on the bright side. Once this six-week period is up and Ruth Kelly re-considers the application, it ought not taken anything like the length of time Prescott took, because there won't be that much information to consider in compraison.

In theory at least, they could already have started preparing the paperwork for the new verdict seeing as they have known for months what points need to be considered.

I'd also speculate that once the go ahead is given again, LDC would be unlikely to be given leave to appeal a second time. If they tried bringing up a new set of points for consideration a judge might justifiably ask why they didn't raise them when they had the opportunity before.

 

[The Large One]

I am afraid I am going along with Dave on this why can't RK not just reconsider the evidence as it stands taking into account LDC objection and then if still in a quandry ask for further representation . It may well be that having read LDC objection she will say 'yes they are right and to over come that we will do XYZ' end of story or she may say 'yes the objection is too strong I need more evidence'. Either way she is progressing forward to an ealier announcement date rather than wait 6 weeks for more. if any, further evidence and then reconsider.

Because she wants to hear EVERYONE'S opinion on Lewes' challenge. When she formally receives it (today), she then writes to all interested parties. This is a chance for the Albion and the Treasury Solicitor to put the record straight on Lewes' challenge. If there was not this six-week hiatus, Lewes' points would bascially go unchallenged.

What has happened here is that the Consent Order is effectively a voluntary version of what a judge in the High Court would have ordered. So because there has been no opportunity to discuss Lewes' challenge, this is now it. However, because the Albion and the Treasury Solicitor will have their evidence already prepared, six weeks is going to be excessive, but that is the procedure.

 

[Pavilionaire]

I'm not too good on the detail here, but as I understand it the proposed court hearing this week was originally scheduled for December. Doesn't the fact that LDC/FPC pulled out at the last minute indicate they are complete timewasters? Won't their blatant timewasting tactics be detrimental to their case?

I'm just glad the hearing was brought forward by 2 months, otherwise it would have been a complete waste of time in that period.

As far as on-field activities go it's important we get an unequivocal green light before the end of this season, as this will probably mean money to strengthen the squad and increase the likelihood of the good youngsters staying.

 

[The Large One]

It wasn't the actual hearing that was brought forward two months, it was a hearing to hear if the December hearing needed to be heard - which we would have heard it wouldn't. I suppose the NIMBYs must have a herd mentality.

But you are right about the time-wasting bit.

 

[The Oldman]

In theory at least, they could already have started preparing the paperwork for the new verdict seeing as they have known for months what points need to be considered.

I'd also speculate that once the go ahead is given again, LDC would be unlikely to be given leave to appeal a second time. If they tried bringing up a new set of points for consideration a judge might justifiably ask why they didn't raise them when they had the opportunity before.

Don't underestimate the cunning of LDC. Ruth Kelly will have to say why she rejects the 16 points raised by Lewes except the boundary thing where she will agree. So, LDC lawyers will go through her answers and will no doubt find new points to raise sufficent to seek another Judicial Review which will lead to more delay.

The only thing that can stop them is public opinion. If they know that they are losing their voters over spending more time and money then they may just accept Kelly's decision. That is why the Seagulls Party is so important and why there must be a continuing campaign to convince folk that Falmer is the only place that can be considered for a new stadium. It's why we cannot ignore stupid anti Falmer letters in local papers and must respond.