Save Leamington Spa: Judicial Review of WDC Planning Decisions

by Save Leamington from Warwick DC

Save Leamington Spa: Judicial Review of WDC Planning Decisions

by Save Leamington from Warwick DC
Save Leamington from Warwick DC
Case Owner
Save Leamington from Warwick DC (saveleam.com / #saveleam for social media) started as a group of residents in 2016 who object strongly to WDC's office relocation and development plans.
Funded
on 22nd June 2018
£2,925
pledged of £5,500 stretch target from 80 pledges
Save Leamington from Warwick DC
Case Owner
Save Leamington from Warwick DC (saveleam.com / #saveleam for social media) started as a group of residents in 2016 who object strongly to WDC's office relocation and development plans.

Latest: July 25, 2018

Reasons for Refusal of JR

The application for permission to apply for Judicial Review was refused by the Honourable Justice Garnham. He agreed with Warwick District Council that the case for Riverside House (the Covent Garden…

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Who are we and What do we need?


We are a group of residents in Leamington Spa who are seeking judicial review of planning decisions by Warwick District Council for developments at Riverside House and Covent Garden. Thanks to magnificent support from our many supporters, we have already raised more than £2500 towards our legal costs. We have a very strong case for a judge to grant permission for our claim to go for determination before the Planning Court. But we need your further support to help us meet our legal fees to continue to seek the quashing of these planning decisions. We need a further £5500 and are asking for your support again. Please pledge what you can and let others know so we can raise these funds.

We need your support to mount a legal challenge to Warwick District Council’s decision. Please contribute now and share this page on social media using the hashtag #saveleam.

Case background

WDC has in effect approved its own applications for the sale and redevelopment of its current offices and site at Riverside House. The Covent Garden car park will be demolished and the site redeveloped for new offices for WDC, a new car park and some private housing.

This will provide new private housing but no affordable housing contrary to WDC's own policies. What’s more, there will also be very little financial contribution to vital community services such as health and education. 

Our legal challenge

Viability studies recently released after persistent FOI requests shed serious doubt on the financial case for these developments. There is strong evidence that the planning decisions were reached improperly and can be challenged by judicial review. Many residents and businesses support our campaign. We are now seeking the funds to challenge the Council to withdraw these plans.

How much we are raising and why

We are normal residents going up against a council. If we’re going to do this properly, we need support to fund our legal action. 

Initially, we are raising £1,800 for investigation and analysis into our judicial review. As the case progresses we will inevitably need significantly more funds to take this case the whole way. 

Please support our challenge by spreading the word and telling your friends and neighbours about this terrible decision.

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Update 3

Save Leamington from Warwick DC

July 25, 2018

Reasons for Refusal of JR

The application for permission to apply for Judicial Review was refused by the Honourable Justice Garnham. He agreed with Warwick District Council that the case for Riverside House (the Covent Garden case being out of time) was not properly arguable. His reasons are "that the Council had regard to its policy. That policy set out an expectation that that developers make a contribution. That gave the Council a discretion; it did not impose an obligation. The Council is entitled to exercise a judgement that the viability of the development is such that a contribution should  not be required." The Judge further ordered that the Council's costs of £3000 be paid by the claimant. Those of us most closely involved in this case are deeply disappointed by this decision and the award of costs against us. In essence, the weakness of the financial viability for the development has led to vital services not receiving the funding that they would normally be expected to receive and which they all requested. This was not unlawful, as we sought to argue, but it continues to expose the very flawed basis for this development and the related one at Covent Garden. We are very grateful to our supporters. We will continue to find ways of campaigning against these developments.


Update 2

Save Leamington from Warwick DC

July 22, 2018

Permission for Judicial Review refused

Hugely disappointing news. We will provide a fuller update soon. In the meantime we would like to thank everyone who has supported our crowdfunding campaign.

Update 1

Save Leamington from Warwick DC

July 21, 2018

Decision on Permission to Proceed with JR Gets Closer

Thanks to the wonderful support of our many backers, we have now raised more than £5,000 in total towards the costs of seeking this Judicial Review. Warwick District Council has issued its defence of our claim. Our legal team has countered with compelling arguments for why that defence is defective in law.
On the advice of our lawyers, we are now focusing solely on the Riverside House planning decision. This is because we were technically out of time to challenge the Covent Garden planning decision through judicial review and it would have been a costly distraction to argue before a judge to allow that claim to proceed and lose focus on the strength of our arguments about Riverside House. If we win that case, it would not be possible for the Council to proceed with the Covent Garden development in any case since the two projects are inseparably linked.
We expect to hear from a judge very soon whether our case can proceed to a full court hearing. We still need your financial help. Getting this far has been expensive. 
But the strength of our legal case is having an impact on the confidence of the Council about its decisions. It is also supporting the growing public opposition to these wasteful projects. They are only benefiting developers financially, and the Council through the provision of new offices, when there are alternative ways of providing those at cheaper cost. This is at the expense of much-needed affordable housing and s.106 contributions for education, health, and community services. Extended disruption to town centre parking is another consequence of these plans with an inadequate strategy to mitigate this problem to the serious concern of businesses and residents.
 Please continue to give what you can afford and spread the link to our page to widen our community of support for this important cause.

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