Notice of meeting in Monday 6th March at 8pm

 

These are the newsletters being delivered now

stopthetescotoxictowers.blogspot.com

C/O 120 Blythswood Road Ilford IG3 8SG 28^th February 2023

07956 263088 twitter: @andywalker1945 email: andy.walker@talk21.com

Dear Residents

Stop the Tesco Toxic Towers!

Public Meeting 8pm Monday 6^th March 2023 8pm Methodist Church Hall, Percy Road IG3 8UA

We lost our permission for judicial review hearing on the 14^th February. It was much appreciated that supporters came to the hearing on the day.

One more appeal is allowed and so our lawyers have been instructed to start the work for an application to the Court of Appeal.

Applications for permission for judicial review at the Court of Appeal are even more difficult to win than at the High Court. However, John Hunter, the barrister who has been helping us has won permission at the Court of Appeal before. The case we rely on as a precedent, Gemma Cameron v Manchester Council, was granted permission at the Court of Appeal before finally winning at the High Court.

The Cameron judgment meant a multi-story car park could not be built due to air pollution concerns over a nearby primary school. The similarity to our case is a primary school being planned beside a polluting High Road.

The judge ruled against us at the hearing on the 14^th February because the Council argued that the appropriate time for a challenge about the school would be when the school layout was finalised. John Hunter made the point that the school could have been located inside the development away from the polluting road. I expect the location of the school to part of the grounds for the appeal.

During the proceedings both Weston Homes and Redbridge Council have tried to bully me out of the case by saying they would go for unlimited costs if they won. I thank everyone who has made representations on this point. Redbridge Council accepted a cap of £15,000 at the December hearing and Weston Homes did an about face and also accepted a cap of £15,000 ten minutes before the February hearing started.

Councillor Athwal, the Leader of Redbridge Council is on the record as saying the school at the Tesco Site will not be built. One of the issues at the meeting on the 6^th will be how to persuade the Council to write to the judge to state this and for Weston Homes to withdraw their existing application and put in a new one without a school.

A new application will mean a delay of around 18 months before the construction commences and would allow a fresh judicial review application.

 

Regards

 

Andy Walker