Judicial Review Fund Raising

West Acre Park -Update

March 24, 2022

Quote from local Appley and Elmfield Councillor Michael Lilley’s website, posted 24/3/2022:

Agenda for Planning Committee on Tuesday, 29th March, 2022, 4.00 pm – Modern Council (moderngov.co.uk)

The latest news in regard the West Acre Park Application is that there is a motion by Cllr Chris Jarman on the planning committee agenda seeking for the application to be recalled back to the planning committee on Tuesday 29th March 2022 at 4pm for reconsideration. 

Cllr Jarman’s Motion as follows:

That, in respect of planning application 20/01061/FUL concerning ‘West Acre Park’, the Strategic Manager for Planning and Infrastructure shall refrain from exercising his delegated authority to issue the formal planning decision in pursuance of the Planning Committee’s resolution at its July 2021 meeting and that the Strategic Manager for Planning and Infrastructure shall prepare and present a further report to the Planning Committee to update members and the Planning Committee shall due to an abundance of caution reconsider that planning application at a future meeting as soon as is practicable.

The legal agreement/S106 is now prepared by planning officers and ready to sign. Officers with delegated powers have not signed off the agreement and issued consent as per approval of planning permission on the 27th July 2021, due to the outstanding live motion. However, if Committee members do not agree to Cllr Jarman’s motion by a majority on the 29th March 2022, then officers will issue consent shortly after the meeting. The clear message is that IW Council has to make a decision either way so that IWC officers are able to take clear action from the outcome. 

Ryde Appley and Elmfield residents’ appointed lawyers have written several times to IW Council and made it clear that they wish the IW Council planning committee to recall the applications and outlined a detailed case of process not being followed. 

Save Westridge Farm Campaign (crowdjustice.com)

This is the third attempt to bring a motion to the committee in the last three planning committee meetings. The first one was withdrawn to news the tenant farmer’s had decided to come to agreement with the developers/landowners. Residents, objectors of application and a number of IW Councillors decided that this decision did not alter the case that the original decision and process on the 27th July 2022, was unfair and process was not followed, and a further motion was put forward on 1st March 2022. This motion was deferred to the 29th March 2022. 

There are two main outcomes from the 29th March Motion/meeting:

  1. The Motion is passed and the WAP application is recalled to a meeting as soon as possible. Meetings are monthly. It likely the recall meeting would be no later than June 2022. 
  2. The Motion is not agreed and the WAP application will remain approved and consent issued. Residents’ lawyers will then have six weeks to seek permission from a court to proceed with Judicial Review. Lawyers are fully prepared for this and will post details and update the CrowdJustice page as above. 

At the last Planning Committee meeting it was decided for a working group of councillors to look at the protocols and processes of the planning committee to prevent contentious decisions as 27th July 2021. I believe this decision is an acknowledgment that there was non-alignment between the IWC’s constitution and the law which resulted in certain councillors including myself being prevented from attending the meeting on the 27th July. The reason for the working group rests on the need to make recommendations to prevent such process failure in the future. 

As Ward Councillor for Ryde Appley and Elmfield, I continue to honour the wishes of local residents in their objections to the WAP planning application and my continued belief that the process on the 27th July 2021 failed. 

If the application is recalled and I have my opportunity as Ward Councillor to represent my residents’ views/objections and the process was correctly followed I would abide by/respect the outcome including it being approved. 

Whatever, the outcome of the 29th March, I will call a Ward meeting to discuss with local residents the position and seek what action they wish me to take as their elected representative. 

The next Ward meeting on the 7th April 2022 is cancelled due to me being away but I will organise the following week. I will keep you posted. 


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