We are disappointed to inform you that Amber Valley Borough Council now appear unlikely to pursue a Judicial Review (JR) of the recent planning appeal decision to allow 400 houses to be built on the land adjacent to Kedleston Road. Without a further challenge from the residents of Allestree and Quarndon, the houses will now be built.
Subject to further barrister guidance, we could mount a JR ourselves but it will be costly and without a guarantee we will win. We will need to be confident of raising the funding to do this.
We would welcome your views on whether we should go forward and whether you believe the funding can be provided in the timescales required.
The process and estimated funding (including VAT) required, based on the bank balance being currently zero, is as follows:
Application for the JR is £1,500
This funding is required no later than 30 September 2016
Gateway Decision Phase
If the decision to proceed to JR or reject is given on the papers submitted, there will be no further cost. A rejection would stop the process and we will lose. There may be a small amount of compensation required for The Department for Communities and Local Government (DCLG) costs.
If a hearing is required and a decision to proceed to JR is granted, this will cost an additional £1,800
If hearing is required and decision to reject is made (stopping the process and again we lose), the additional £1,800 plus up to £5,000 in DCLG costs is required.
The worst case at this stage is that we do not get a JR granted and it could cost £8,300 in lost fees.
The fees for the hearing would be required by early November. If we lose and have to pay DCLG costs, this full funding would be required by mid-December latest.
The JR will decide the case. The cost of appearing including submission would be an additional £8,200
If we fail to win at this stage, an additional £15,000 would have to be budgeted to cover DCLG costs.
In summary, if we win the case at JR, our total costs would be £11,500. The final JR fees of £8,200 would have to be found by January 2017.
In the worst case, and we lost at this stage, we would need to have raised a total of £26,500. This figure would have to be found by February 2017. We would only be required to cover the DCLG costs if we lose the case.
The challenge to residents to go down this route is to raise at least £27,000 of funding against the milestones set out above.
We ask residents whether you feel we should continue with this fight and whether you would be willing to raise this funding.
We would particularly appeal to large potential donors to come forward if you feel you can support this.
It is worth noting that if we win the JR there will be a fresh Planning Inquiry with a new inspector where the case should be correctly considered to finalise the fate of the land. Any funding raised but not used above would be put towards the costs of being represented at this second Inquiry.
We would be happy to discuss this further with you on a confidential basis. Please respond with your comments to email@example.com
If you would prefer to just make a donation at this stage you can do so by:
Direct bank transfer
Account Name: Kedleston Voice
Sort Code: 01-02-66
Account Number: 25485865
Or you can simply send a cheque to our accountants made payable to 'Kedleston Voice'. Please make sure you clearly state your name, address and email address on the cheque so we know how to contact you.
Alan Butler & Co
Chartered Certified Accountants
12 Darley Abbey Mills
Tel: 01332 346241
If you would like the chance to formally complain about the Inspector and his decision, you can do so; download a template letter here. It would be very powerful if the Planning Inspectorate were deluged with letters of complaint. Please find time to personalise the template with your details and post it ASAP.