Lewes District Council drop Falmer case?

[dcseagull]

From the Sussex Express - Lewis' attempts to spin this are frankly laughable.


Brighton and Hove Albion's planning application for a new stadium at Falmer is back in the hands of the government for determination.
A statement just issued by Lewes District Council (at 2.30pm) said:

'John Prescott's discredited decision on the proposed Stadium at Falmer will not now be reviewed in the High Court.

'Government lawyers have this morning sent a letter giving assurances that all the points in the legal challenge will be considered when the planning applications go back for re-determination to the new Secretary of State, Ruth Kelly.

'Falmer Parish Council, the South Downs Society and Lewes District Council have accepted the Government's assurances, which means that their joint legal challenge need not now proceed to a Court hearing.

'Lewes District Council lead councillor for Planning David Neighbour said:

'We won't pursue this now that the Government has caved in. It's just a shame that these assurances were not given months ago.

'We knew that the High Court would quash the decision because the Government's lawyers had already admitted it was flawed on one key point, which Mr Prescott used repeatedly to justify his decision.

'The costs incurred to date will be met by the Government, because their lawyers have admitted Mr. Prescott's decision was fatally flawed.

'John Prescott's decision flew in the face of recommendations from Senior Planning Inspectors.

'The first Inspector who conducted the inquiry reported to John Prescott that the case against building the Stadium at Falmer was "overwhelming". John Prescott disregarded his own inspector's conclusion when he issued his decision.

'Brighton & Hove Albion Football Club's separate application to the Court for a half-hour procedural hearing on 4th October 2006 was always premature and pointless - a waste of time and money.'

'The new Secretary of State Ruth Kelly will now write to all the parties inviting them to make representations on the issues. She must take those representations into account before she reaches a decision.'

 

[Beach Hut]

This is surely very good news and saves costs ?

 

[The Oldman]

Surely they haven't come to their senses already.

Don't think they have any Doug

 

[Icy Gull]

Oh right so it's the government that caved in not LDC, glad they cleared that up...wankers

 

[The Clown of Pevensey Bay]

It means this Lewes DC press release of Sept 19th is COMPLETE BOLLOCKS

Legal ploy by football club won't affect High Court Hearing date says LDC
Media: 735
Brighton & Hove Albion Football Club's frustration with the Secretary of State's refusal to guarantee a reconsideration of all relevant planning issues has led them to ask the Court for a brief half-hour hearing slot on 4th October 2006.

It is ridiculous to imagine the Court will be able to deal with their application in just 30 minutes. We do not expect anything of note to happen on 4th October. We fully expect the High Court Hearing date of 5th/6th December 2006, which is the first available date any of the parties has been able to secure, to remain unchanged. We expect John Prescott’s discredited decision to be quashed at that time.

Cllr David Neighbour, Lead Member for Planning at Lewes District Council said, “Since this dispute is one between the Council and the Secretary of State there is no need for the football club to get involved. However, having chosen to do so one might have hoped they’d not left it so late. We filed our case in December 2005 and the Club has jumped on the scene just 8 weeks before the trial date. Despite that we’re pleased to see Martin Perry is at one with Lewes District Council in that he agrees that all of the Council’s points of evidence should be addressed by the Secretary of State in her redetermination of the case.

As far as we’re concerned this was a political decision to grant planning permission that flew in the face of recommendations from Senior Planning Inspectors. Our best way of making sure that our points are properly dealt with is for them to be sorted out once and for all in Court. This will be to the benefit of all the parties involved. We expect costs for the hearing to be met by the Government.”

The Football Club is not required to give evidence at the High Court Hearing as the main parties in the action are Lewes District Council and the Secretary of State. If they do, they do so by choice, and must expect to meet their own costs.

 

[hans kraay fan club]

Hang on. So where is Norman (not a sex offender) Baker now with his "smoking gun" of emails? Surely, after getting his grinning, inane face on Meridian, he is going to have be interviewed again to explain why his watertight case, er, leaked?

And won't Meridian have to send out our favourite poodle to report again on the story that wasn't?

Please don't think for one second that Norman Baker [not the SEX OFFENDER] and DeVecchi won't spin this too.

There will indeed be a small piece on Meridian, where they will be able to reassure the people of Lewes that they have pulled out of the court hearing in a display of heroic public-spiritness, so as to avoid any tiny tiny possibility of spending any tax-payers money unnecessarily.

"You're safe with us, etc, etc"

Of course that could be shot down in flames by anybody with the facts querying why they didn't accept the referral back to the ODPM in the first place. That would depend of course, on Meridian interviewing somebody on the other side of the fence though.

 

[Uncle Spielberg]

'Lewes District Council lead councillor for Planning David Neighbour looked in the mirror and said

 

[clapham_gull]

Not too much to cheer about really.

They've suceeded in wasting more time.

Possibly if tomorrow had gone ahead they be liable for some kind of costs, but at the end of the day I'm not that worried about the budget of Lewes, just a new stadium.

 

[The Oldman]

From the Sussex Express - Lewis' attempts to spin this are frankly laughable.


Brighton and Hove Albion's planning application for a new stadium at Falmer is back in the hands of the government for determination.
A statement just issued by Lewes District Council (at 2.30pm) said:

'John Prescott's discredited decision on the proposed Stadium at Falmer will not now be reviewed in the High Court.

'Government lawyers have this morning sent a letter giving assurances that all the points in the legal challenge will be considered when the planning applications go back for re-determination to the new Secretary of State, Ruth Kelly.

'Falmer Parish Council, the South Downs Society and Lewes District Council have accepted the Government's assurances, which means that their joint legal challenge need not now proceed to a Court hearing.

'Lewes District Council lead councillor for Planning David Neighbour said:

'We won't pursue this now that the Government has caved in. It's just a shame that these assurances were not given months ago.

'We knew that the High Court would quash the decision because the Government's lawyers had already admitted it was flawed on one key point, which Mr Prescott used repeatedly to justify his decision.

'The costs incurred to date will be met by the Government, because their lawyers have admitted Mr. Prescott's decision was fatally flawed.

'John Prescott's decision flew in the face of recommendations from Senior Planning Inspectors.

'The first Inspector who conducted the inquiry reported to John Prescott that the case against building the Stadium at Falmer was "overwhelming". John Prescott disregarded his own inspector's conclusion when he issued his decision.

'Brighton & Hove Albion Football Club's separate application to the Court for a half-hour procedural hearing on 4th October 2006 was always premature and pointless - a waste of time and money.'

'The new Secretary of State Ruth Kelly will now write to all the parties inviting them to make representations on the issues. She must take those representations into account before she reaches a decision.'

What a load of bollocks. They were offered this months ago and whilst one Inspector said the case against Falmer was overwhelming he did not have all the facts. The second Inspector looking at all the sites said only Falmer had any realistic chance of getting planning permission,

 

[Gazwag]

Not too much to cheer about really.

They've suceeded in wasting more time.

Possibly if tomorrow had gone ahead they be liable for some kind of costs, but at the end of the day I'm not that worried about the budget of Lewes, just a new stadium.

I am angry because they will now get away scott free, how many costs have they actually incurred, probably very little as they knew they would pull out, we on the other hand we have incurred thousands which we cannot know claim - WANKERS the lot of them

 

[Garry Nelson's Left Foot]

Surely LDC have been well aware they were going to lose for a long time? All this seems to have done is highlight what a bunch of despicable ****s they really are?

This was offered to them months ago wasn't it? And they turned it down. Am I right in thinking that if they'd have lost the court case tomorrow they would have been liable for costs? So all they've done-assuming they always knew they had no chance of winning- is drag out the process by a few extra months. This hasn't saved us anytime it's added several months. ****s the lot of them.

 

[desprateseagull]

perhaps LDS have finally seen sense.. or their lawyer's bill!

 

[Cadiz Seagull]

It means Big Ruth will now give another decision next year, and Lewes can still choose to go to a review should they wish. So, really, we are in a fairly similar situation to LAST summer. The original decision's mistake has just meant everyone can piss around for a year.

Thats my understanding too Badgy

BUT LDC have effectively shown their cards by stating which points they think are wrong.

So if Ruth Kelly says yes, you can bet your boots that she will say "I have considered LDC's point about all football supporters being hooligans but I have decided against it" and the same sort of wording for each of LDC's points.

Remeber it is HER decision, and nobody can say it is the wrong decision. There is no appeal against her decision, it is her absolute right to decide which way she wants to. All that the losing party (LDC hopefully or possibly us ) can do at that stage is to apply for a Judicial review and ask the Court to decide that she came to the decision wrongly (e.g., she didn't consider such and such).

So, if her decision is yes, AND she deals with all LDC's concerns - and puts it in writing in the decision why she disagrees with them I think it will be very difficult for LDC to even get a JR, and virtually impossible for them to win it. They will be under HUGE pressure to accept the decion and not throw more of the taxpayers' money down the drain.

So it is good news, but there's still a long way to go yet.

KTF!!!

 

[cardboard]

Oooh my first sticky!!!!!!!

 

[The Clown of Pevensey Bay]

Remember what Lord B said at the Lib Dem conference rally: that David Neighbour had said to him in the BBC carpark in Tunbridge Wells:

"You'll get your stadium. Ruth Kelly will rule in your favour."

 

[Mr Blobby]

'Brighton & Hove Albion Football Club's separate application to the Court for a half-hour procedural hearing on 4th October 2006 was always premature and pointless - a waste of time and money.'

.'

Yes but it made LDC drop the legal challenge. Time for LDC to buy some very large and thick woolly socks as they have got extremely COLD feet over putting the case to a legal challenge. If they knew they could win they would have insisted on the December hearing.

This press release is spin with a capital S - ie total bo**cks!

 

[Wilka]

Right so how I understand it is we are now at the same point we would have been at the end of a review or court case with Ruth Kelly concidering the points Lewis want to bring up then giving a new decision which is final

 

[malcolm prescott]

great no fantastic news but am I correctin thinking this can go straight back to ruth kelly if so how soon will it be amended or can we start building as soon as funds allow and will LDC help with the funds after we sue the arse off them time wasting limp lettice toss pots

 

[Theatre of Trees]

Thats my understanding too Badgy

BUT LDC have effectively shown their cards by stating which points they think are wrong.

So if Ruth Kelly says yes, you can bet your boots that she will say "I have considered LDC's point about all football supporters being hooligans but I have decided against it" and the same sort of wording for each of LDC's points.

Remeber it is HER decision, and nobody can say it is the wrong decision. There is no appeal against her decision, it is her absolute right to decide which way she wants to. All that the losing party (LDC hopefully or possibly us ) can do at that stage is to apply for a Judicial review and ask the Court to decide that she came to the decision wrongly (e.g., she didn't consider such and such).

So, if her decision is yes, AND she deals with all LDC's concerns - and puts it in writing in the decision why she disagrees with them I think it will be very difficult for LDC to even get a JR, and virtually impossible for them to win it. They will be under HUGE pressure to accept the decion and not throw more of the taxpayers' money down the drain.

So it is good news, but there's still a long way to go yet.

KTF!!!

And they will not be able to bring any new points to the table because the court will ask them why they did not say so in the first place.