(L.52) Master Plan - Challenge in the Appeal Court FAILS - 23rd April 2013
In the Court of Appeal (Civil Division) today, Tuesday 23rd April 2013, the CPCA put their challenge to the Master Plan in front of Lord Justice Laws (chief), Lord Justice Lewison and Lord Justice Mccombe. The two remaining grounds on which the judicial review was permitted were rejected by the court (all three judges concurred) and the legality of the Secretary of State's action in signing off the Master Plan was upheld. The court also refused a further appeal to that court. The next recourse for the appellants could, in theory, be the Supreme Court. The Master Plan, therefore, stands and could be utilised immediately if Bromley Council is so minded.
Acting for the CPCA were Robert McCracken QC with Annabel Graham Paul and opposing were Rupert Warren QC and David Elvin QC for the Mayor and The Secretary of State.
More... Court 75 at Her Majesty's Royal Courts of Justice in the Strand (London - outside was a beautiful sunny day, the first we've had for ages...) was the scene for what hopefully might be the demise of the Master Plan challenge mounted by the CPCA. Their costs were capped at £2500 but hereafter this may not be the case.
I counted 3-judges, 4-barristers, 6 supporting law staff and about 21 others in the court; total 34 which just about filled the courtroom. The court ran from 1030 to about 1430. I wonder how much money and time has been wasted on these and other proceedings? At the end, the judges took a short break and then Lord Justice Laws read their findings indicating their dismissal (all concurred) of both claims.
It was very pleasing that
firstly, the judgement was in favour of the Master Plan and that
secondly, we knew the result right away - there's nothing like uncertainty to put off potential funders of the huge regeneration tasks to be undertaken.
Most of the people in the local community (and further afield) have demonstrated their support for the Master Plan particularly through their remarks at the Master Plan Exhibition. They will be much encouraged by this judgement since the threat of overturning the Master Plan has been lifted. The exhibition was held an age ago - October 2007. Take a look at the MASTER PLAN EXHIBITION BROCHURE on the one-stop-shop page for the Master Plan .
On a small scale, funding is in place for the subway gate project on the Southwark side of Crystal Palace Parade - the planning permission with Southwark Council has been approved and work will go ahead shortly. The Campaign made a significant contribution towards the subway project - a really useful way in which Campaign funds can make a positive contribution towards park rgeneration. Several other such small scale projects have been undertaken - museum greenery clearance and planting and sphinx restoration. These projects need some serious people-power; find out more on the Park Website and volunteer to join in.
Hopefully movement will now seriously go forward with the other potential large tranches of funding available from the GLA and other sources aimed at tackling the list proposed by the GLA at a recent Park Meeting (May 2011).
Link: FULL JUDGEMENT
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18/6/13 Last Updated 18 June 2013