The Battle for Broxhead Common
The Case for Hampshire County Council – PART 36
- 11th October 2010, I simply could not accept such an erroneous decision. I had to get the lawyers involved.
- We successfully Judicially Review the most recent Inspector’s decision, and it is quashed.
2010 Judicial Review win for MC18022021
2010 November PI letterwith CO19022021 - 3rd December 2010, we write to HCC suggesting they may like to now reconsider their objection to their Order.
2010, December Godwins to PInsp.19022021
Norman Baker on sustainable transport - 8th December 2010, we write again to say that we cannot see anything would be served by now re-opening the Public Inquiry as the new Inspector will already have access to all the necessary evidence. However, it is essential for the new Inspector to receive submissions on the legal significance of the existing evidence, particularly in light of our successful court proceedings with respect to the earlier Inspector’s reasoning. We suggest this might be done simply in writing, or by way of a limited hearing.
2010, 8th December Godwins to PInsp.19022021 - 513th December 2010. The Planning Inspectorate forward a letter from Hampshire County Council’s Case Officer. He is requesting that the historical evidence should not be considered if there is another Public Inquiry!
2010 8.12.10 HCC Colin Piper letter to PL INSP27022021 - 28th January 2011. I receive a reply from HCC’s Chief Executives Senior Solicitor to my request from Head of Governance, as to the process to be followed when HCC’s Regularity Committee have made a decision only for it to be overturned by the Planning Inspectorate.
She says: - “if on considering the appeal, the Secretary of State considers that an order should be made, the Secretary of State may direct the County Council to make an order, and the same procedure would then be followed as if the Application had been approved by the County Council’s Regulatory Committee.”
- It was as I had thought, but no-one was taking any notice of my complaint that the matter had not returned to the Committee, and that the usual protocol was not being followed.
Next time: Given HCC’s policy with Rights of Way Improvement Plans and their published search for lost ways, this situation is incomprehensible.