Posts Tagged ‘Judicial Review’

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Airport campaigners to launch a final legal bid

Friday, February 18th, 2011

CAMPAIGNERS are continuing their legal battle against plans to extend the runway at Southend Airport.

An application for a judicial review of Southend Council’s approval of the plans was rejected by a High Court judge.

Now Laura Millard, from Leigh, who submitted the application is pursuing a verbal [an oral] hearing where the decision can be reviewd.

Denis Walker, spokesman for campaign group Stop Airport Extension Now, which is backing the fight, said the 20-minute High Court hearing will take place later this year, probably in the next two months.

He added the grounds for refusal given last week by judge Mr Justice Cranston are being challenged by lawyers acting on behalf of the woman.

Mr Walker said: “We are now in the position that the initial refusal is effectively meaningless. The decision will now be taken by the judge presiding over the oral hearing. We look forward to confirmation of the date of that hearing.”

Ms Millard wanted to challenge the council’s decision to approve the runway extension because she believed the process leading up to the decision was flawed, particularly in relation to the environmental impact.

Mr Justice Cranston rejected her application and found none of the grounds of the challenge stood up and the council had acted correctly.

He advised Ms Millard his decision could be automatically reconsidered in an open court if she replied within seven days, which she has done.

The campaigners have been raising funds for the legal battle, but say the applicant has been granted legal aid.

The council’s Tory leader, Nigel Holdcroft, said he was disappointed but not surprised.

He added, “It just continues the delay of this process, while we remain satisfied the planning decision was taken wholly appropriately. There has been a council decision, a Secretary of State considered it and now a High Court judge has rejected SAEN’s representations. I would hope that we will have the same outcome.”

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Airport review rejected

Tuesday, February 15th, 2011

Expansion plans take a major leap forward

THE planned expansion of Southend Airport has taken a major leap forward with the decision of a High Court judge that a judicial review was not warranted.

Work is now underway to try and ensure that Southend councillors will be able to have a full debate on any outstanding issues regarding the expansion of Southend Airport in March – before councillors begin campaigning for the May local elections.

West Leigh Coun Nigel Holdcroft, leader of Southend Council, said: “It would be totally inappropriate to have such a debate in the run-up to an election.”

The urgency to get the airport issue ‘done and dusted’ followed the decision of the High Court’s Mr Justice Cranston to rule out a judicial review of the process within the council which led to the go-ahead being given for the runway extension. His full ruling is available here.

Coun Holdcroft said: “His judgement was pretty substantial. The lady who sought the review now has seven days to decide whether to seek to renew the application for the judicial review with a further application for an oral hearing.

“If she does we hope it would take place in March, and shouldn’t take too long. The problem is that if she is successful there would be a full judicial review and this could take time and prove to be very costly for all concerned.”

The solicitor for the applicant, Laura Millard, who is understood to come from Leigh, has said: “Yes, we have been refused permission at this stage. However, we are considering whether to renew our application at an oral hearing.”

Stop Airport Extension Now (SAEN), has been backing the call for the judicial review and its spokesman, Denis Walker said: “This is clearly not the news we wanted to hear, but the campaign is by no means over. The people of Southend need to be protected from the noise, pollution and road congestion the runway extension will cause if it goes ahead.”

No order was made for costs, but Coun Holdcroft said they were substantial as far as the council was concerned.

“Had it gone to a full judicial review we would have been looking at a six-figure cost for the council, which is a terrible waste of public money.”

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‘Anna Waite’ out of touch and wrong

Monday, February 14th, 2011

It’s strange that ‘Anna Waite’ is so scathing of and factually inaccurate about due legal process in her recent blog post ‘SAEN’ lodge appeal against airport decision.

First of all, the Oral Hearing is not an appeal – it is only possible to appeal against the final decision, which Mr Justice Cranston did not make. Having got this far, our member pursuing the Judicial Review was hardly going to give up part-way through and turn down the opportunity for the Barrister to make the case in court. We are confident that all of the reasons the judge gave for refusal are erroneous and they are all being challenged.

As for delay, the Airport has yet to satisfy all of the pre-commencement conditions for the Planning Application, so neither SAEN nor our member’s Judicial Review has caused any delay to the process whatever. Had there been no Judicial Review, they would be at exactly the same stage they are now. Mrs Waite must know this, so it is disingenuous to claim that we are causing delay.

As Anna knows, the objections about mounting legal costs are ridiculous. Her Council has spent millions of pounds of taxpayers’ money on the airport in recent years – they contributed over a million pounds each to the station and the air traffic control tower. They even contributed money towards the new hotel before they had granted planning permission for it to be built. All this from a Council in debt to the tune of £218.5 million.

It’s rather odd that the portfolio-holder for Social Care, Health and Housing so quickly obtained the Notification of the Judge’s decision and published it on her website. It is as if she has forgotten she is no longer portfolio-holder for Transport and makes one wonder how much time she has between blog posts to do her job.

Despite her protestations to the contrary, nothing whatever has been done regarding securing jobs around the airport. The JAAP talked of 6700 jobs being created, but most of these weren’t at the airport – they were at the industrial estate next door. If the Council really cared about jobs, they wouldn’t have suspended the JAAP process the moment the planning application turned up. They would have completed the JAAP, initiated the development of the “Saxon Business Park” proposed by it, and then looked at the runway extension proposals. They didn’t do this. Why? Because they didn’t want an Examination in Public in front of a Planning Inspector at which the overwhelming opposition to the proposals (specifically the runway extension) and the weak economic justification would be exposed.

Waite then goes on in the Comments to demonstrate a total lack of understanding of the word “sustainable” (hint: nothing that relies on non-renewable energy sources can be described as sustainable). She also pretends that the Council has “virtually no controls” over the airport at present when both they and Rochford have point-blank refused ever to hold a quinquennial (five-yearly) review of the current airport lease, which is provided for in the terms of the lease, and would allow them to introduce more controls.

On a side note, it’s also strange that she promotes an astroturfing (faux grassroots) Facebook campaign called “St Luke’s Needs a New Health Centre” when she did her best to obstruct the planning process for the Health Centre at Temple Sutton School (which is in St Luke’s).

It is completely astonishing that anybody in possession of the facts would ever consider casting a vote for Mrs Waite. She has demonstrated time and again that she has no interest in the welfare of the people of this town; she does not care whether the projects she espouses will be of any benefit to the public: the millions of pounds’ worth of wasted public money that constitute the current road layout at Cuckoo Corner are ample demonstration of this fact (not to mention all of the other “BS” road projects she has supported). She has been persistently vindictive and critical of people who oppose her despite the fact that they are continually proved right. She must go.

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Airport campaigners to launch a final legal bid

Friday, February 11th, 2011

Protesters against airport expansion will get a 20-minute High Court hearing

By JOHN GEOGHEGAN
Political Reporter

CAMPAIGNERS are continuing their legal battle against plans to extend the runway at Southend Airport.

An application for a judicial review of Southend Council’s approval of the plans was rejected last week by a High Court judge.

Now Laura Millard, from Leigh, who submitted the application is pursuing a verbal hearing where the decision can be reviewed.

Denis Walker, spokesman for campaign group Stop Airport Extension Now, which is backing the fight, said the 20-minute High Court hearing will take place later this year, probably in the next two months.

He added [that all] the grounds for refusal given last week by judge Mr Justice Cranston are being challenged by lawyers acting on behalf of the woman, also a member of the protest group.

Mr Walker said: “We are now in the position that the initial refusal is effectively meaningless.

“The decision will now be taken by the judge presiding over the oral hearing. We look forward to confirmation of the date of that hearing.”

Ms Millard wanted to challenge the council’s decision to approve the runway extension because she believed the process leading up to the decision was flawed, particularly in relation to the environmental impact.

Last week Mr Justice Cranston rejected her application, and found none of the grounds of the challenge stood up and the council had acted correctly.

He advised Ms Millard his decision could be automatically reconsidered in an open court if she replied within seven days, which she has done.

The campaigners have been raising funds for the legal battle, but say the applicant has been granted legal aid.

The council’s Tory leader, Nigel Holdcroft, said he was disappointed, but not surprised at the news.

He added: “It just continues the delay of this process, while we remain satisfied the planning decision was taken wholly appropriately.

“I think residents of the town want us to finalise this one way or the other and move on.

“There has been a council decision, a Secretary of State considered it and now a High Court judge has rejected SAEN’s representations.

“I would hope that we will have the same outcome.

“If legal aid has been granted, it is more public money being wasted.” [Cllr Holdcroft is responsible for wasting many millions of pounds on the airport, which could have been better invested in public services and local infrastructure]

Campaigners believe [know for a fact that] the runway extension will cause pollution, congestion, disturb those nearby and will not bring any economic benefits to the town, all of which the council disputes.

Protesters call for delay until legal action has been resolved

THE protest group has urged the council and airport to delay building the airport link road until their legal bid is resolved.

Plans to divert Eastwoodbury Lane to make way for the 300m runway extension were approved by Southend Council last month.

But Denis Walker, spokesman for campaign group Stop Airport Extension Now, said: “We urge the council and the airport to show restraint during this period and not to start work on the link road between Eastwoodbury Lane and Nestuda Way, at least until the outcome of this hearing is known.”

SAEN says because the link road forms part of the same planning application as the runway extension, it could easily be overturned by the judicial review.

But the airport, which is paying £2million [SAEN believes this to be an error on the part of the Echo which has apparently mixed up the amount of tax payers' money Southend Council proposes to give towards the road with the cost to Stobart] to build the new road, has indicated it intends to plough on with the project, which should be completed by August.

Council leader Nigel Holdcroft said: “The link road is wholly independent as acknowledged by all members of the council and plans will continue.”

Mr Holdcroft said it was nonsense to say the plans could be overturned by the legal challenge, adding: “The link road will benefit the town whatever the outcome of the judicial review. It’s an improvement to our road structure significantly funded by the airport.”

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PRESS RELEASE: SAEN JR Applicant Wins Right to Oral Hearing

Wednesday, February 9th, 2011

For Immediate Release

SAEN[1] has learned tonight that a renewal of claim for permission to apply for Judicial Review has been filed with the High Court.

This means that a 20-minute hearing in front of a High Court judge will take place later this year. We understand that it is usual for such a hearing to take place within two months.

SAEN spokesman, Denis Walker, revealed that all grounds for refusal are being challenged by the lawyers pursuing the case on behalf of one of SAEN’s members. He said: “We are now in the position that the initial refusal is effectively meaningless. The decision will now be taken by the judge presiding over the Oral Hearing. We look forward to confirmation of the date of that hearing.

“We would urge the Council and the Airport to show restraint during this period and not to start work on the link road between Eastwoodbury Lane and Nestuda Way, at least until the outcome of this hearing is known.”

The link road forms part of the same planning application as the runway extension and could easily be overturned by the Judicial Review.

The Council is currently in the process of closing a footpath to allow work to commence as if the Judicial Review had already been decided, and so this closure is premature.

Mr Walker added: “As for Cllr Longley’s assertion that we should ‘settle our differences’ with the Airport, he really should be utterly ashamed of himself. Residents of his ward, Blenheim Park, will be some of the worst-affected by the airport’s expansion and he is doing nothing to protect their interests. It’s as if he’s joined the Tories.”

ENDS.

Notes to Editors

  1. “Stop Airport Extension Now” (SAEN) was formed to campaign against the runway extension at Southend Airport. The group is not opposed to the Airport itself, which has co-existed with the residents of Southend for many years. SAEN is against the runway extension, which would lead to a massive increase in flights and destroy the lives of the people living, working or going to school anywhere near the flightpath.

For further information:

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Posted in Press Releases | 8 Comments »

Southend Radio Midday News, 4th Feb

Friday, February 4th, 2011

This is Southend Radio. I’m Carlo Fiurentino.

An extension to Southend Airport’s runway has moved a step closer after a Judicial Review was turned down at the High Court. The Stop Airport Extension Now group had applied for the review in their fight against increased noise, pollution and road congestion, but a spokesman for the campaigners says the fight goes on.

Audio: Southend Radio Midday News

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Look East – East, 3rd Feb

Thursday, February 3rd, 2011

Look East’s rather inaccurate coverage of the Judicial Review being refused permission.

20110203 Look East

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BBC Essex Drivetime

Thursday, February 3rd, 2011

Ian Puckey talks to Southend Council leader, Nigel Holcroft, and Denis Walker, Spokesman for Stop Airport Extension now on BBC Essex Drivetime.

Click the link to listen:
BBC Essex Drivetime 03/02/2011

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Posted in BBC Essex, Media | 1 Comment »

PRESS RELEASE: Public denied scrutiny once again as JR refused

Thursday, February 3rd, 2011

For immediate release

SAEN[1] has learned today that the High Court has refused permission to proceed with a Judicial Review applied for by one of its members.

The solicitor for the applicant has said: “Yes, we have been refused permission at this stage. However, we are considering whether to renew our application at an oral hearing.”

SAEN Spokesman, Denis Walker said: “This is clearly not the news we wanted to hear, but the campaign is by no means over. The people of Southend need to be protected from the noise, pollution and road congestion the runway extension will cause if it goes ahead.”

ENDS.

Notes to Editors

  1. “Stop Airport Extension Now” (SAEN) was formed to campaign against the runway extension at Southend Airport. The group is not opposed to the Airport itself, which has co-existed with the residents of Southend for many years. SAEN is against the runway extension, which would lead to a massive increase in flights and destroy the lives of the people living, working or going to school anywhere near the flightpath.

For further information:

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Judicial review bid into airport runway decision

Thursday, July 29th, 2010

By JOHN GEOGHEGAN

  • Campaigners start legal challenge
  • They claim council process was ‘flawed’

A CAMPAIGNER is trying to take Southend Council to court over its decision to allow the extension of the airport runway.

A member of Stop Airport Extension Now group has applied for a judicial review at the High Court in London.

The legal challenge is against the council’s planning permission approval, allowing Southend Airport to extend its runway by 300m.

In English law, anyone who feels a Government authority has acted unlawfully can apply for a judicial review to overturn the decision.

Graham Whitehead, the group’s director, said: “We had no choice but to go to court.

“Both Southend and Rochford councils have shown total disregard for the interests of their residents and this should never [have] been approved by the development control committee.

“We believe the planning permission process was legaly flawed and we are confident the court will find in our favour.”

The airport’s planning application also involved the diversion of the nearby Eastwoodbury Lane, to allow for the runway extension, and the demolition of six houses.

In January, Southend Council’s development control committee approved the plan, but the then Secretary of State, John Denham, decided he needed to review the decision before giving the final go-ahead in March.

Since the decision to extend the runway, the campaign group has said it wanted to mount a legal challenge and has been appealing for donations on its website.

Denis Walker, the group’s spokesman, said the claimant is a local resident, but would not disclose their identity.

He said the claimant felt the council’s decision was flawed because it did not acknowledge the consultation on the planning application in which most respondents objected.

He also said the claimant would raise objections about the environmental assessment of the planning application, including the impact of night flights and pollution.

Mr Walker added: “The economic argument for extra jobs has never been substantiated and is uncertain at best.

“What is certain, however, is that there will be extra noise and pollution for an area alredy one of the most congested and densely populated in the UK.”

Southend Council’s corporate director of support services, Sally Holland, said: The council has been officially notified of an intention to lodge a judicial review into the decision regarding Southend Airport expansion.”

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