A High Court challenge has been lodged to stop the new sports hub at Monks Lane in Newbury.
West Berkshire Council’s decision to grant planning permission has been challenged – with objectors to the scheme accusing the Tory leadership of ‘pre determination’.
The application to prevent the development was originally refused by the High Court, but following an appeal heard on August 18, will now proceed to a full hearing.
The date for this is not yet confirmed.
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Howard Woollaston, executive member for housing, leisure and culture at West Berkshire Council, said: “This decision is extremely disappointing as it will result in a delay to the delivery of a high quality, and much needed sports facility, including a world-class artificial turf pitch and club house.
“Not only does this mean that we are likely to miss a full season of football, it almost certainly means that Newbury Football Club will not have their new home for the 2023-24 season.
“The further delay will also result in additional costs being incurred for the project and for the council tax payer.”
The council says it remains confident of its position and will continue to robustly defend this claim to ensure that the sports facility can be delivered.
Those opposing the hub say the nub of the issue, is that the councillors all voted for the application based on it being a stand alone sport hub.
And that it was not linked in any way with it being a replacement or part of a replacement for the Faraday Road Stadium.
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“And we are expected to believe that these also had not ‘already made their minds up’ when they listened to the arguments and voted?” said Vaughan Miller (Lib Dem, East Fields) of Newbury Town Council. “If there has ever been a clearer case of pre-determination I’ve yet to come across one.
“Is it any wonder that yet again our council finds itself up before the High Court on their botched plans for the London Road Industrial Estate.”
Predetermination is where a cuncillor’s mind is closed to the merits of any other arguments about a particular issue on which they are making a decision and that they have already made their minds up about it.
The council made a U turn on its own plans to develop the LRIE earlier this year, reversing from original plans to develop the Faraday Road pitch site into residential buildings.
It now wants to develop the LRIE by attracting high net worth tech businesses.
NOTE: Predetermination is where a Councillor’s mind is closed to the merits of any other arguments about a particular issue on which they are making a decision and that they have already made their minds up
about it. The Councillor makes a decision on the issue without taking all relevant information into account. Predetermination is therefore the surrender by the decision-maker of his/her judgement by having an evidentially closed-mind such that they are unable to apply their judgement fully and properly
to an issue requiring decision.
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