Hampton Bishop Parish Council
Minutes of an Extraordinary Meeting of the Parish Council on Saturday 11th January 2014 at 10.30 a.m. in the Bunch of Carrots Meeting Room
The change of venue was due to flooding at the Village Hall and George Kerr was in the Chair
Parish Councillors: Barbara Kerr, George Kerr, Julia Pearson, Phil Rogers. Local residents: 23.
1. APOLOGIES FOR ABSENCE were accepted from:
1.1 Steve Hunt, Howard Townson, Norman White. Ward Councillor John Hardwick.
2. DECLARATIONS OF INTEREST: There were none.
3. RUGBY CLUB PLANNING APPLICATION: DMS/102921/O
(Land to the East of Holywell Gutter Lane, Hampton Bishop, Hereford, HR1 4JN.)
Development of grass and all weather sports pitches, clubhouse, indoor training building, car parking and landscaping supported by enabling residential development of 190 units.
3.1 Outcome of Judicial Review process
3.1.1 The Clerk reported that the Judge at the Judicial Review Court Hearing on 5th & 6th December, in Birmingham, had refused the Parish Council’s application and found in favour of Herefordshire Council. He had therefore granted permission for development to proceed under the above planning application.
3.2 Application to the Court of Appeal for permission to appeal
3.2.1 The Clerk outlined the one remaining option open to the Parish Council, which was to apply to The Court of Appeal for leave to appeal against the above judgement.
3.2.2 The Parish Council’s Barrister was willing to take the case on a no-win-no-fee basis.
3.2.3 The Parish Council’s Solicitor would require around £3k to undertake the necessary paperwork to apply for leave to appeal.
3.2.4 If the leave to appeal was successful, it was hoped that the Parish Council would be given a further restricted costs order of £15k to pursue the appeal process. This £15k would be in addition to the £15k already committed to be paid by the Parish Council in relation to the unsuccessful Birmingham Court Hearing on 5th & 6th December.
3.2.5 The Clerk made it clear that if the option to appeal was taken by the Parish Council on behalf of the local residents, their Parish Council Precept demand would increase for the financial year 2014/15.
3.2.6 Members of the public were asked to give their views and were overwhelmingly in favour of the Parish Council taking the final step in the legal process.
3.2.7 The Parish Council RESOLVED to seek leave to appeal the Judicial Review decision.
3.3 Further delegation to Clerk between meetings
3.3.1 Parish Councillors RESOLVED to devolve power to the Clerk to pursue the next legal stage with the Parish Council Solicitors and Barrister.
4. DATE OF NEXT SCHEDULED MEETING: Noted as 30.1.14.