Following the second judicial review planned by the Lymington River Association, this in from Wightlink in their own words. Ed
Wightlink has today learned that the Lymington River Association’s latest legal challenge to its ferry operations at Lymington has failed.
The Association had applied to judicially review the Secretary of State’s decision not to overturn the outcome of the 2011 Planning Inquiry. The Inquiry gave consent for Wightlink to carry out berth works, operate the W-Class vessels and undertake habitat creation works.
Appeal thrown out
The High Court ruled that the Lymington River Association had failed to appeal the Planning Inquiry’s decision within the allotted 6 week period. It also found that the habitat creation works were an integral part of Wightlink’s project and that it was appropriate for the Inquiry to have excluded the C-Class vessels from its considerations because they had already been scrapped.
Wightlink Chief Executive, Russell Kew said,
“This decision is good news for our customers, for our staff, for the Isle of Wight and for all those at Lymington who, like Wightlink, are committed to coexisting in our use of the river. The High Court’s support for the outcome of the 2011 Planning Inquiry comes at the end of more than 4 years of legal battles during which Wightlink has consistently followed due process and adhered to its legal responsibilities. Wightlink has had to invest more than £3.5m simply to defend plans and decisions which have consistently been ruled appropriate. When added to the investment of £1.5m we have made in berth works and £20m in vessels, this underlines our commitment to Lymington, Yarmouth and the Isle of Wight in general.
Wightlink takes its environmental responsibilities extremely seriously. Our habitat creation works provide mitigation in excess of even the most precautionary assessments of the impact which our ferry operations might have. The on-going environmental management plan we have in place at Lymington operates with the full support and participation of Natural England, The Environment Agency, the Hampshire and Isle of Wight Wildlife Trust, the South Hampshire Wildfowlers Association, The Lymington Harbour Commissioners, the New Forest District Council, the New Forest National Park Authority, and the Marine Management Organisation.
The Lymington River Association is the only body which has failed to engage with Wightlink throughout the process, instead preferring lengthy legal processes which have cost valuable taxpayers’ money and diverted Wightlink investment.
We hope this will now mark the end of these vexatious claims which have brought uncertainty to the route and threatened the jobs of our staff.”
Image: davidcjones under a CC BY 2.0 license
