Not according to the article I_A just quoted. Secretary of State dismissed the developer's appeal and went to High Court, where Pickles was asked to redetermine.

Similarly, Secretary of State could agree with developer but people opposing it take it to High Court where they can ask for it to be redetermined.

Like I said, it would probably be futile but it does make me think that if these people in Methley are so opposed to it and have money behind them to burn they'll try and stop it any way they can.

So that was 6 days ago, have they had a decision yet?

I read it as the High Court ruled on the decision not to take it to a public inquiry, not on the outcome of said PI itself as that is still to be decided.

Not sure on the process but I read it as the developer submitted application, which was refused locally but this was appealed and so taken to the SoS. SoS looked at the plans etc and made a decision that it had been correct decision and so backed the refusal. I believe the SoS looks at appeals too as well as called-in passed applications. Developer wasn't happy with this so took it to High Court who has asked the SoS to go over it again (hence why SoS is making another decision on it).

some info here:

[urlhttp://www.stalbans.gov.uk/environment-and-planning/planning/railfreight/[/url

but I'm out of my depth now. I don't know if there is a difference between a PI from a planning that has been rejected & appealed and a PI from an objection to passing plans.

Having read the Planning Website, a public inquiry is in the main held for both called-in applications and appeals.

FYI

8. CHALLENGING DECISIONS AND MAKING COMPLAINTS
8.1 The High Court is the only authority that can require
reconsideration of an Inspector’s or Secretary of State’s decision.
Applications to the High Court to challenge decisions must be
made within 6 weeks from the date of the Inspector’s decision on
the appeal.

That's an appeal against the local authority, not an appeal against the SoS ruling following a PI. It won't apply in our case and the only option open to those against NM would be a judicial review - i.e. to question the procedure itself - not the decision.

The second case is a planning appeal and not a Public Inquiry. So the developer challenged the planning appeal decision in the high court, if they and then a high court judge felt their was a case to answer, then a high court hearing is held.

In theory you can ask the high court to consider and challenge the PI, but in the case of a PI, only the procedure itself can be challenged. not the decision. In the majority of cases this would only delay a decision and very rarely does it change the decision if a judge orders a new public inquiry.

I think the objectors would be mad to consider a high court challenge, both because I don't see what their case would be on Newmarket and also you have to have very deep pockets to head to the high court! A three figure sum is what they would be potentially looking at, developers think carefully about these things, if it was your own cash you would have to be confident of victory and have it to spare. Even then, the high court don't make the decision, it goes back to the SoS and possibly the public. Even after all this, they could end up losing again in 6 months... a big risk for private individuals!

But a risk worth paying if it keeps delaying it and delaying it and if there's even a slight risk it might not go through. What about the LDF decision? Can that be challenged?

I don't think you can just call a Judical Review because you think it will delay things. I believe you have to put a case together to go infront of a Judge for a preliminary hearing and if the Judge feels there is a strong enough arguement to warrant a full review he will order it. If its just delaying tactics for the sake if it the Judge will see through it and throw it out.

Before a JD is considered you have to have pots of money and a damned good case which I don't think there is in the case of Newmarket.

I believe once the decision is made, and I believe it will be positive, that will be it. I don't think anyone will challenge it unless they saw something in the Inquiry that no one else did.

I wonder if the delay maybe due to another change in Government policy? I'm not seeking to be overly negative but we are talking about politics here. No official explanation has been given for the delay so I suspect there must be other objectives at stake. (This is not necessarily a good or bad thing for us if true.)

Too big a risk for most ordinary people who wouldnt want the risk of loosing ones home to pay for a possible failure that there is a lot more chance of.

Give over man - can't you ever accept when you've got it wrong!???



Not worth a risk when there's £100k's involved!

The LDF - No chance!!!!

Do they start building the supermarket this week or next?

Fully will be on the Cas forum later, encouraging people to do everything possiblet to challenge the LDF; FACT!

mature comments.

See above response. Mature, not.

There is a degree of irony in questioning my maturity in the style of a teenage valley girl.

Good luck with the fighting fund to take NM to a judicial review.

Nothing to add to the discussion still then? Says it all.

You said 'it was worth the risk' when it most likely isn't.

You have kept looking for ways in which the process can be delayed.

You refuse to accept that anything not said by RW can be true or that there is anything stopping GH from being built tomorrow.

And you call me immature - you've put me there with your inane comments and lack of reality!

Please, please, stop digging!

But you woefully neglect the rest of the sentence just to suit your pathetic personal digs at me. If you re-read, I think you'll find the words "if", which suggests that there has to be a chance it is a risk worth paying if it can come off and was in direct response to I_A's post previously, which states "it's a big risk for a private individual." If there is no chance, then no, there isn't any point really.

I refuse to accept anything said by Wakefield fans who know absolutely zip about GH or inside GH other than rumours and forum posts. There is nothing stopping GH except money. If we had money, it would have been built or would be built. It seems to be you that cannot grasp that fact.

Please, please return to the discussion and stop focusing on your personal attentions of me.

There is no discussion; you're desperately looking for ways that the process could be delayed and you've been told that there aren't any.

Well, actually I_A said differently if you re-read his post. He said that it may only serve as delaying the inevitable. But seems you totally disregarded the thread for your pure attempt to have a dig at me.

Troll.

Hardly. I'm asking questions based on the contents of others' posts. I am not looking or searching for bites.