Council Face Legal Challenge Over Newport Harbour Decision

In a further twist to the Newport Harbour saga, an application has been made for a Judicial Review of the council Cabinet’s decision on boundary changes and leases.

Newport HarbourThe decision was made on 3rd April, after the agenda item had been removed at short notice from the December Cabinet meeting.

Application made by harbour resident
Newport Harbour resident Robert Turner, has made the application with the assistance of information and documents provided by the Newport Harbour Action Group secretary, Chris Dodd.

They say, “The decision was contrary to Harbour Statute and the newly approved Island Core Strategy. The result of this decision was to remove large and valuable areas of land and other assets from the harbour, used by Island people for hundreds of years, and will jeopardise its financial and operational future.

“In addition, it is very strongly felt that this was a thinly disguised strategy to legalise retrospectively a number of leases unlawfully mis-sold over a period of years by various Isle of Wight administrations.”

Reduction in harbour income
Those behind the Judicial Appeal also believe the removal of assets from the harbour will result in a reduction of harbour income.

This in turn, they say, could lead to less funding for the proper maintenance, conservation and promotion of the harbour.

Documented evidence
Mr Turner and Mr Dodd also claim to have documented evidence to support the following:

  1. The IWC has never carried out a Best Value Review for this harbour, as required by Statute, (the Harbour being in fact a DfT listed Municipal Port)
  2. There is no evidence that the IWC has ever prepared a Business Plan for the Harbour
  3. There is similar evidence that the IWC has never complied with Statute to Report this Harbour’s Accounts to the Minister for Ports at the DfT
  4. The District Auditor has confirmed that there has never been a specific Audit of the Harbour Accounts as required by Statute
  5. The District Auditor has also confirmed that the IWC can charge the Harbour for ‘depreciation’ which over the last 17 years has led to harbour cash being removed from its account to the total of approx. £1million and in the last year the removal of further cash to help pay for the Council’s improvements to County Hall; to support its ‘corporate costs’, ‘corporate communications costs’, its ‘senior Directorate costs’, its ‘finance support costs’, its ‘central transport costs’, so called ‘other support costs’ and ‘payment services support costs’ (these are actual entries in the Harbour Accounts 2010/11)
  6. The last three years’ Accounts show that harbour users have paid a total of nearly £600,000 to the IWC but there is no evidence in those Accounts of a single POUND having been spent on waterside maintenance
  7. The Department for Transport and the Maritime Coastguard Agency have both confirmed in writing that there is no evidence of ANY compliance with safety standards applicable to ports and harbours (the PMSCode).

Image: RonSaunders47 under CC BY 2.0

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