Public Meeting – 2nd February 2014

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Presentation transcript:

Public Meeting – 2nd February 2014 GAG2011 Public Meeting – 2nd February 2014

Map of the area

B.B.C – Basildon Borough Council HCA – Homes and Communities Agency 2011: HCA announces proposals for site. Backed by B.B.C and SEC November 2012: Plans submitted for development of the Nethermayne site by G K Hearn June 2013: Outline plans for development of Nethermayne site approved 13th December 2013: Formal notice of approval published and issued to applicants October 2012: Plans submitted for relocation of College to Town centre by G K Hearn February 2013: Plans for relocation of college approved by Basildon Council September 2013: GAG2011 consults barrister 17th December 2013: Legal (sect. 106) agreements published Timeline of events B.B.C – Basildon Borough Council HCA – Homes and Communities Agency SEC – South Essex College G K Hearn – Consultants for HCA/B.B.C/SEC consortium

Requesting a Judicial Review Consultation with our barrister in September suggested we had sufficient grounds to request a J.R. We needed to wait until the formal planning notification was given to start the J.R. process. Notification was given on the 13th of December. We had just 6 weeks (cut short by Christmas and New Year) to apply for a J.R. On Wednesday the 22nd of January 2014 our request for J.R. was filed in court and served on the defendant (Basildon Council) and interested parties (HCA & SEC). No further action in respect of the development can be taken by defendant and interested parties whilst legal action is in progress.

The Judicial Review Process Filing of application for J.R. in court within six weeks of formal notification Permissions: Application is reviewed by a judge who gives or declines ‘permission’ to move to next stage of judicial review, or recommends a hearing in open court The Substantive Stage: Evidence by all parties is submitted to the court. There is an oral hearing. The decision in question can be quashed J.R. is a process of challenging the lawfulness of decisions of public authorities, for example Local Government. The review does not prevent the public body from making the decision again, but it ensures that the decision is reconsidered lawfully.

GAG’s Case Whilst we are unable to discuss the points of the legal case in detail, here is a summary of our grounds for requesting a Judicial Review: The loss of Longwood Equestrian Centre as a sporting facility Nondisclosure of information, contrary to the Freedom of Information Act Failure to take into account biodiversity information and provide offsetting plans

Why the request is not in the name of GAG2011 The application for J.R. is being brought by Miriam Heppell and not GAG2011 The main reason is that under the Aarhus Convention an individual’s liability for costs in an environmental case are capped at £5,000 Miriam holds the post of secretary to GAG2011

The Cost of Legal Action So far, GAG2011 has spent the following: £1,000 for initial advice from Barrister on strength of case £1,800 for Barrister to prepare case for court We will need further funds to meet: Fees of approximately £1,000 in total for our solicitor’s costs and court fees Costs to Barrister for oral hearing We are able to halt the process at any time if the costs become too great.

How you can help You can attend one of our enjoyable fundraising events. We have had fantastic support for our events and have raised approximately £3,000 since September. You can donate to GAG: Online, at www.basildongag2011.org.uk/donate By sending donations to our treasurer, Pat Roberts You can get involved by delivering leaflets or helping with events Attend our regular committee meetings

Want to know more? If you would like to donate, and you don’t wish to do so online or you have any questions about donating, please speak to Pat Roberts. If you would like to be shown how to donate online or sign up to our newsletter, please speak to Freddy Heppell. If you would like details of our committee meetings or offer to deliver leaflets, please speak to Miriam Heppell. If you would like tickets for our barn dance or want to help with an event, please speak to Sadie Clark.