LEGAL APPEAL

FRIENDS FIRST JUDICIAL REVIEW DROPPED

The following will explain why we have dropped the Judicial Review. We would like to give a heartfelt thank you to all the people who have raised or donated money (or both), towards paying for the legal action. This has been a magnificent community action, to which many of you have rallied, filling us all with a sense of pride and achievement. There is an amount outstanding so further donations are still welcome.

THE ACCOUNT FOR THE LEGAL FUNDING APPEAL IS; 

Dear Friends,

The Judicial Review action which the Friends of Elvaston brought against Derbyshire County Council has now been dropped.

This is because the Judge reviewing the case, Mr Justice Ouzeley, granted a hearing (see here), in the High Court, Queen’s Bench, Administrative Division, in London, because the Derbyshire County Council failed to publish sufficient facts regarding its disposal of the public open space known as Elvaston Castle Country Park, for members of the public to be able to properly make up their minds as to the possible merits/demerits of the disposal before making a judgement.

However, the judge made it clear that should the County Council re-consult during the interim period then the case could not be taken to court.

Derbyshire County Council has complied with this by carrying out its ‘Final Public Consultation’ on the matter, which the Authority recently published in the local media for a period of one month.

It will now have to go away and study any responses that it has received, prior to making a Cabinet decision as to whether to continue with the much criticised Highgate Sanctuary partnership deal, or find an alternative method of dealing with the Country Park.

If it continues down the path of disposal the Authority will have to publish a fresh notice under the 1972 Local Government Act, Section 123, in which it may be required to publish any lease details.  If this ‘final final’ notice is published, the public will have only three weeks to make their feelings known on the subject. The County Council is then supposed to take into account any public representations sent in against the disposal before it makes its decision.

Should the disposal continue then any responses submitted will all be surrounding planning issues and objections and the developer will need to overcome these to implement its plans. However, we would like to think that common sense will prevail and that Derbyshire County Council realises that there are other solutions to the problems of financing and restoring the Estate, without having to resort to a commercial disposal.

The Friends early indications are that people have responded in their hundreds to the Final Consultation notice. Naturally, should the DCC still continue down the road of disposal of the Estate, we would hope that many more people will let the Authority know how they feel about the matter.

We feel vindicated in having brought this action and are of the opinion that had we not done so the matter could not have been drawn further into the public arena in the way that it has, nor would many fresh details have been brought to light.

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