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?

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!

Re: Tick Tock : Tue Jun 19, 2012 2:56 pm  

But a risk worth paying if it keeps delaying it and delaying it and if there's even a slight risk it might not go through. What about the LDF decision? Can that be challenged?

Re: Tick Tock : Tue Jun 19, 2012 3:09 pm  

Fully wrote:

But a risk worth paying if it keeps delaying it and delaying it and if there's even a slight risk it might not go through. What about the LDF decision? Can that be challenged?

I don't think you can just call a Judical Review because you think it will delay things. I believe you have to put a case together to go infront of a Judge for a preliminary hearing and if the Judge feels there is a strong enough arguement to warrant a full review he will order it. If its just delaying tactics for the sake if it the Judge will see through it and throw it out.

Before a JD is considered you have to have pots of money and a damned good case which I don't think there is in the case of Newmarket.

I believe once the decision is made, and I believe it will be positive, that will be it. I don't think anyone will challenge it unless they saw something in the Inquiry that no one else did.

Re: Tick Tock : Tue Jun 19, 2012 3:15 pm  

I wonder if the delay maybe due to another change in Government policy? I'm not seeking to be overly negative but we are talking about politics here. No official explanation has been given for the delay so I suspect there must be other objectives at stake. (This is not necessarily a good or bad thing for us if true.)

Re: Tick Tock : Tue Jun 19, 2012 3:20 pm  

Too big a risk for most ordinary people who wouldnt want the risk of loosing ones home to pay for a possible failure that there is a lot more chance of.

Re: Tick Tock : Tue Jun 19, 2012 3:27 pm  

Fully wrote:

But a risk worth paying if it keeps delaying it and delaying it and if there's even a slight risk it might not go through. What about the LDF decision? Can that be challenged?

Give over man - can't you ever accept when you've got it wrong!???

Not worth a risk when there's £100k's involved!

The LDF - No chance!!!!

Do they start building the supermarket this week or next?

Re: Tick Tock : Tue Jun 19, 2012 3:47 pm  

Fully will be on the Cas forum later, encouraging people to do everything possiblet to challenge the LDF; FACT!

Re: Tick Tock : Tue Jun 19, 2012 3:57 pm  

TRB wrote:

Give over man - can't you ever accept when you've got it wrong!???

Not worth a risk when there's £100k's involved!

The LDF - No chance!!!!

Do they start building the supermarket this week or next?

What have I got wrong? I have never said it will happen. I was merely questioning it based on the previous article. But please do continue your real [im]mature comments.

Re: Tick Tock : Tue Jun 19, 2012 3:57 pm  

bren2k wrote:

Fully will be on the Cas forum later, encouraging people to do everything possiblet to challenge the LDF; FACT!

See above response. Mature, not.

Re: Tick Tock : Tue Jun 19, 2012 3:59 pm  

Fully wrote:

See above response. Mature, not.

There is a degree of irony in questioning my maturity in the style of a teenage valley girl.

Good luck with the fighting fund to take NM to a judicial review.