Newsletter plugging next meeting on 3rd April

  Newsletter being delivered now, in short, the Court of Appeal will decide on the application being late and whether to grant permission at the same time which will be roughly 3 months away.

stopthetescotoxictowers.blogspot.com

C/O 120 Blythswood Road Ilford IG3 8SG 20^th March 2023

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

Dear Residents

Stop the Tesco Toxic Towers!

Public Meeting 8pm Monday 3^rd April 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. An appeal application has been lodged at the Court of Appeal. This is a very difficult application for permission at the court of appeal. The first reason is the issue of time barring, the application was a day late. Why the application was late and why it should be allowed will be discussed at the meeting.

The second is that is inherently difficult to succeed on appeal – we need to persuade the Court of Appeal that the judge fell into legal error when he refused permission and the majority of such applications are unsuccessful. However, John Hunter (our barrister) recently had success on appeal in another case (Cameron) which is an authority we rely on where, in the end, the planning permission was quashed because of a failure to take into account air quality issues affecting a school properly.

 

In our case, The High Court found that the school issue was not suitable for Judicial Review now. The court said the right time was when the school layout was submitted to the council. The Tesco school layout could be submitted five years from now. By this time the development could be half way to completion and the location of the school not open to debate.

The campaigners in the Cameron case mounted a vigorous campaign in the hope of influencing public and political opinion. Their campaign clearly worked, what we can learn from the Cameron case and what we can do will be the key issue to discuss on the 3^rd April.

 

Regards

 

 

 

Andy Walker