Catesby have now applied directly to the Court of Appeal for permission to appeal against the judgment handed down by Mrs Justice Lang. Although frustrating, this was not unexpected, particularly based on Catesby's record of appealing in other cases. Hence, Peter Steer, a member of and supported by KV was prepared for this eventually. Accordingly, our legal team will be submitting a robust response objecting to any such appeal.
It is important to note that there is an intentionally high and difficult hurdle for such appeals which Catesby must pass before such an appeal is granted. So it is not a foregone conclusion that any appeal will be granted.
Even if successful this would only lead to another hearing where submissions would focus on what KV asserts is clearly a justifiable, detailed and carefully crafted correct judgment by Mrs Justice Lang, a highly experienced and respected planning and heritage specialist High Court Judge.
However, we know this news will be frustrating for our community, KV and wider heritage supporters may have thought this matter was settled and that the clarified test on setting would help to protect our national heritage from such speculative developers.
The formal responses to this unwelcome application are progressing and will be submitted by 21 July 2017. We do not yet know the timetable beyond that, for any decision or possible hearing, but KV will post a further update when we know more.
Your support has been amazing and you have helped lead to what is, in such planning matters, exceptional progress to protect the setting of Kedleston Hall.
We hope we can continue to enjoy your support as we deal with what should be the final challenges to our aim, to protect Kedleston for our children and future generations.