Re: Tick Tock : Tue Jun 19, 2012 2:18 pm
Fully wrote:
If the developer can challenge the decision in High Court, could Leeds Council and those opposing the scheme do the same for Newmarket, effectively dragging it on furthermore?
I know it is for all intents and purposes going to be futile but if the developer can challenge it through Legal processes then surely the same could be said of the opposition too?
I know it is for all intents and purposes going to be futile but if the developer can challenge it through Legal processes then surely the same could be said of the opposition too?
The second case is a planning appeal and not a Public Inquiry. So the developer challenged the planning appeal decision in the high court, if they and then a high court judge felt their was a case to answer, then a high court hearing is held.
In theory you can ask the high court to consider and challenge the PI, but in the case of a PI, only the procedure itself can be challenged. not the decision. In the majority of cases this would only delay a decision and very rarely does it change the decision if a judge orders a new public inquiry.
I think the objectors would be mad to consider a high court challenge, both because I don't see what their case would be on Newmarket and also you have to have very deep pockets to head to the high court! A three figure sum is what they would be potentially looking at, developers think carefully about these things, if it was your own cash you would have to be confident of victory and have it to spare. Even then, the high court don't make the decision, it goes back to the SoS and possibly the public. Even after all this, they could end up losing again in 6 months... a big risk for private individuals!