Our application for a Statutory Review of the inspector’s decision on the proposed developments next to Kedleston road has been successful.
This confirms what KV, our supporters and many consultees believed – that there are significant doubts about whether this inspector’s decision was correct in law and in particular, compliant with policy and guidance protecting our heritage assets. Indeed, we are pleased to inform you that the Statutory Consultee responsible for protecting our nations heritage, Historic England, (formerly called English Heritage) has also formally been granted permission to join the case as an interested party. Accordingly, the Court has been found there is a case to be answered and the inspector's decision will now be scrutinised in the High Court sometime likely to be in the spring of 2017.
We are also pleased to let you know that our application for a Protective Costs Order (PCO), which will limit our liability for the other sides costs to £5,000 should we not succeed, has also been granted. This was crucial because the claim, which you may recall is proceeding in the name of Peter Steer, would likely have had to be withdrawn if our liability had not so been capped.
Hence, it is now all systems go and we have arranged 2 meetings so we can inform you fully of the implications and what backing is needed for us to proceed to the next stage – the substantive hearing.
Our success in this first but crucial stage to challenge this inspector's decision and ultimately protect this historic landscape from development has only come about because of KV supporters. Without your support building on this land would very likely now be in progress with the consequences already being experienced on our community.
We have arranged two public meetings at Woodlands School. Make every effort to attend one of these if you want to understand the process and how you can help.