Jeremy Gully from the Bembridge Harbour Trust shares this latest news in relation to Bembridge Harbour. In his own words, Ed
In a decision dated the 20th January 2022 the Court of Appeal has roundly blocked Bembridge Harbour Trust’s (BHT) attempts to progress a judicial review against Isle of Wight Council.
This would have challenged a planning decision BHT view as damaging the Harbour and its environment.
The board of trustees of BHT issued the following statement:
“The developer Bembridge Investments Ltd has won a profitable permission, but it is far from clear that the Statutory Harbour Authority has anything to celebrate.
“BHT’s objective was simple: to protect the interests of the Harbour. The justification of the ‘Enabling Development’ planning application was entirely based on enabling the Statutory Harbour Authority (SHA) to deliver an otherwise un-fundable public benefit. But the planning permission granted only assures financial benefits to the applicant development company and unless unexpected profits are made, none for the SHA which loses most of its harbourside operational land to housing. This appears contrary to the logic in planning guidance as well as the harbour and the public’s interest.
“The IWC still has opportunity to ensure the “best of a bad deal” by liaising with ecological bodies who are already engaged with them, careful consideration of the upcoming reserved matters applications, ongoing monitoring to see transparent performance of the planning obligations and the proper treatment of SHA’s own land to ensure it is not further disadvantaged.
“Despite this setback, BHT will continue our efforts to protect the interests of the Harbour and the public, including the ongoing second judicial review of the SHA itself. The directors of any company have a legal duty to promote its own best interests; an SHA also has a responsibility to the public and in the case of Bembridge, a Local Harbour Act to abide by.
“We seek to challenge Bembridge SHA’s actions in lending large sums to other companies also owned by the Thorpes which could and, we are advised should, have been put to use in the Harbour rather than lent to support other companies owned by Mr and or Mr and Mrs Thorpe. The second judicial review will decide whether (as we are advised) these loans were unlawful under the Local Harbour Act.”
See Bembridge Harbour Authority’s response to news.
Image: © Jeremy Gully
