Friday, 08 July 2011
On 5 July Richard Buxton, the Solicitor acting on behalf of the claimant, Stephen Heard, lodged a claim bundle at the administrative court, including an amended claim form. The three claims are summarised below:
Claims 1 and 2 are unchanged:
- Claim 1: The adequacy of the Sustainability Appraisal in meeting European and National legal requirements, particularly in relation to the choice of the spatial locations for the growth and to potential alternatives to policies in the JCS.
- Claim 2: The major road link to Norwich needed to service the growth in the Broadland area at the heart of the Broadland part of the JCS was not assessed at all as part of the process.
The defendants, Broadland District Council, Norwich City Council and South Norfolk Council have 21 days to submit their response.
Monday, 04 July 2011In response to the legal challenge made by Stephen Heard, the chairman of Stop Norwich Urbanisation, Broadland, Norwich and South Norfolk Councils have appointed Norfolk Public Law, William Upton (the barrister who represented the GNDP during the Examination in Public) and Sharpe Pritchard. On 13th June 2011, to progress the matter as swiftly as possible, Norfolk Public Law applied for a Directions Hearing on behalf of Broadland, Norwich and South Norfolk Councils. However, prior to the date of the Directions Hearing both parties have agreed to a Consent Order outside of court.
In the Order by Consent it states:
In the event that costs are payable by either party following the determination of this claim to the High Court:
• the costs recoverable by the Defendants against the Claimant shall be limited to £5,000
• the costs recoverable by the Claimant against the Defendants shall be limited to £30,000
The Claimant should now serve and file evidence in support of his Claim on or before 4pm on 6 July 2011, if not, the Claim will be struck out. The GNDP must then serve evidence within 21 days of the date that the Claimant’s evidence is served (on or before 4pm on 27 July 2011).
Should the case progress, it is anticipated a High Court date will be issued in early September 2011.