Former owners of the derelict Ocean Hotel in Sandown will have to fight their case on the Isle of Wight and not in Durham, a crown court judge has decided.
The decision follows a hearing earlier this month at Durham Crown Court where Phoenix Commercial Property Development (PCPD) tried to overturn the ruling of the IW Magistrates Court in its dispute with the IW council.
Ruling by IW magistrates
In July, Island magistrates ruled PCPD would have to tidy up the Sandown Esplanade eyesore after the council issued an enforcement notice on the property at the start of 2022.
The company, however, appealed the decision, but filed the notification in Durham Crown Court, fearing it would not be given a fair trial on the Island because of civil cases it filed against the CPS and the court service.
Judge: No demonstrable evidence of bias
His Honour Judge Adkins in Durham Crown Court, said he could see there was no demonstrable evidence of bias making a fair trial impossible on the Island.
In his written judgement, he said it was clearly in the interests of justice for the appeal to be heard in the Isle of Wight Crown Court.
Local witnesses
It was also in the interest of justice he said for local witnesses, including Cllr Ian Ward, to give evidence on the Island and ‘not have to travel to the other end of the country.
The IW Crown Court said it is highly likely the case will be heard in early January, although no date had been set.
Enforcement notice cannot yet be reinstated
As the appeal has not yet been decided, the council’s enforcement notice cannot be reinstated, so no work can be done to restore or secure the hotel.
PCPD has since sold the freehold of the property and walked away from the Isle of Wight, leaving the future of the hotel undecided.
This article is from the BBC’s LDRS (Local Democracy Reporter Service) scheme, which News OnTheWight is taking part in. Some alterations and additions may have been made by OnTheWight. Ed
