As reported by News OnTheWight earlier today, Bembridge Harbour Trust have just lost their appeal for a Judicial Review of Isle of Wight council planning permission for development at Bembridge Harbour.
In response to the news, Malcolm Thorpe, from Bembridge Harbour Authority and Bembridge Investments Ltd, told News OnTheWight,
“The decision issued by the Court of Appeal is based upon the legal judgement of two High Court judges as well as another eminent barrister advising the Isle of Wight Council planning department.
“The Court of Appeal’s decision has totally refused BHT’s application with the Judge stating the ‘decision is final and cannot be further reviewed or appealed’.
“This planning approval is based on:
1) First resolution to grant planning approval issued at a planning committee meeting in December 2015
2) Second resolution to grant planning approval issued at a planning committee meeting in December 2017
3) Planning approval and S106 Planning Agreement issued in March 2021
4) In July 2021, the High Court found against BHT on all ten issues of judicial review 1
5) In August 2021 BHT applied to the Court of Appeal
6) In October 2021, the High Court found against BHT on six out of the seven issues of judicial review 2 claimed
7) In January 2022, the Court of Appeal dismissed BHT’s application on all counts.”
Thorpe: Planning approval has taken nearly eight years
Speaking to the delay in planning permission being permitted, Mr Thorpe went said,
“In the simplest of terms, this planning approval should have taken no more than three years [probably less] to achieve – instead due to BHT’s interventions it has taken nearly eight years.
“In achieving this legal judgement and final approval to our future plans, we hope that BHT will now accept that our outline planning approval will allow us to go forwards for the benefit of the Harbour and the services that are provided to all our customers without further interruption.
“The resulting improvements will be beneficial for the local community in East Wight, whilst bringing further employment and allied financial investment. We can now continue with our detailed drawings and pre-construction preparations with total confidence.”
Thorpe: Claims being made are totally refuted and unproven
He finished by saying,
“As regards judicial review 2, all claims being made by BHT are totally refuted and unproven.”
Image: simonhaytack under CC BY 2.0
