As you may remember, the original planning application was refused by Amber Valley Borough Council (AVBC) so Catesby went for a Public Inquiry and the Planning Inspector, who is employed by the Secretary of State for the Dept. of Communities and Local Government (SoS), overturned AVBC’s decision and gave planning permission. Kedleston Voice (KV) challenged this decision at a Judicial Review in the High Court and won. This action was KV v SoS with Catesby being an Interested Party.
The decision in the JR went in our favour and the judge ruled that the land is in the setting of Kedleston Hall and the planning application was therefore refused. The SoS and Catesby didn’t like this decision and have taken it to the Court of Appeal
Although Catesby were probably the initiator of the challenge to the Judicial Review decision, the SoS also challenged and because the history is KV v SoS at the Judicial Review, the case in the Court of Appeal remains KV v SoS with Catesby the hanger on!
There will be 3 judges this time. They will look at the same evidence put to the JR. The KV barrister and solicitor will be there as will the SoS’s and Catesby’s teams.
When and where:
The appeal will be heard on Tuesday 17th April at 10am
The Royal Courts of Justice, the Strand,
The hearing is open to the public for those of you who wish to attend.
If we win, the two planning applications for 400 and 195 houses are refused. Catesby could then give up but are more likely to put in an amended planning application. But there will then be two high court rulings saying that the land should not be built on. Also Amber Valley Borough Council and Derby City Council have removed the Kedleston Road site from their Local Plan, offering a further layer of protection.
If we lose, the building will go ahead and we have no further recourse.
The outcome should be announced 2-3 weeks after the hearing.
At the beginning of the legal proceedings, the KV team negotiated a Protection of Costs Order with the Court which limits our liability for costs, if we lose, for both the SoS and Catesby to a total £5,000. At the present time we do not seek further contributions from our generous supporters to cover this situation
When we win (never “if”) then all our costs are paid by the SoS.