As we feared, Provectus do not see HM Planning Inspectorate’s decision to refuse planning permission as the end of this matter.
This evening they posted the following on our Have your say page:
APRIL 16, 2018 AT 7:55 PM EDIT
Updates are provided at Provectus’ Hilltop Project website. The intent is to see what outcome the pending High Court action in May against DCC has and then we will consider options available to us. We are in no doubt that the way in which the Inspectorate gave weighting to possible noise impacts whilst choosing to ignore expert opinion was inappropriate.
The update on their website is:
Appeal Decision Update
Provectus is naturally disappointed at the negative outcome from the Planning Inspectorate.
Notwithstanding this, we have sought high level legal advice to the effect that there are serious errors in the Inspector’s ruling. This is particularly with respect to her findings on noise impact – which ignored the experts opinions before her – and which gives us very firm grounds to mount a challenge.
At present, we have decided not to take this route but rather to consider other options.
Provectus have taken High Court proceedings against DCC in regard to the return of the original planning fee in the context of their failure to process the application in accordance with statutory time limits. Those proceedings will be heard in High Court in London and resolved next month . Once the ruling is made we will decide how best to proceed.
It is a great shame that DCC failed to deal with the application expeditiously in the first instance, and that HAG failed to adopt a more pragmatic approach. Had they done so and had the project proceeded then it would be done and dusted by now, the process of restoration would be well advanced and the uncertainties which have troubled local residents would have vanished. The young people of Holmgate would be enjoying a MUGA funded by the project.
So it appears that they are mounting one or more legal challenges in the High Court and we must endure further uncertainty about the future of the Hilltop site.
We will keep you informed once we know more.