The Supreme Court
Permission to Appeal to the Supreme Court.
KV are ready and willing to go ahead but we need your help.
Following discussions with our legal team, we have sought advice from a top planning QC on whether it is worth seeking legal Permission to go to the Supreme Court (SC) in order to challenge the Court of Appeal decision that went against us. After considering his very positive reply, KV have now decided to seek Permission to proceed to the SC, if the funding can be raised.
We have gone through due process and are pressing ahead with the initial actions because we have a very short time span, with a 15th August deadline, in which to challenge the Appeal Court decision. We believe that we have a strong case.
Our decision is based on there being outstanding questions to be answered by the SC regarding the definition of ‘setting’ and the subsequent potential damage to the setting of Kedleston Hall that will occur if this development is allowed to go ahead. This legal scrutiny is of national significance. If Permission is granted to go to the SC, an order can be included to prevent any development work on the site of these potential 400 houses until the SC decision is reached. This is likely to be late in 2019 or 2020.
It is rare for a community group to get as far as the High Court. Together, we achieved this, and even won, before the Court of Appeal ruled against us. If this further legal pathway is opened up to us, we are confident that we can win again at this higher and final level.
The costs are substantial and we are still negotiating to try to mitigate these.
Yet again we find ourselves approaching you, our fantastic community of supporters, to ask whether you are willing to step up to the financial challenge and support us once again for this last effort.
We would be pleased to hear your thoughts and particularly need an idea of whether you would help us by giving more funds.
If you feel able to pledge a substantial amount we need to know that now so that we can plan.
If we cannot raise this further funding the development will likely go ahead rapidly. The community will be left trying to fight a strategy of mitigation which, from earlier experience, is unlikely to be well supported by Amber Valley Borough Council.
A top QC has indicated that there are flaws in the Court of Appeal decision and it should be taken to the Supreme Court plus Historic England have indicated they will once again come to court. We are keen to take advantage of this opportunity to save this important heritage setting.
We look forward to hearing from you very soon