Tag Archives: High Court Appeal

Jotmans Farm Green Belt Development Appeal Update

Following the Secretary of State’s decision following the Appeal inquiry into the proposed Jotmans Farm Green Belt Housing Development, the developer registered a High Court challenge over the decision of the SoS and Castle Point council.

CPBC Councillor A. Sheldon has issued this notice:

Dear Residents,

I have just received the news that the Developers have not been granted permission to appeal the Jotmans decision by the Secretary of State!!!

This means that no appeal hearing will take place. They made an application for an appeal and it got refused!!! THE DECISION STANDS. JOTMANS WILL NOT BE BUILT ON.

I have received word that they are looking to get this decision reviewed (the decision not to review the decision…..), but I am confident this will get thrown out. With every unsuccessful legal bid they make, the case they have grows weaker and weaker. As your local councillor I will keep on monitoring this and keep you updated.

Our message to the developers: “Democracy has won. Take your money and build homes on sites the community want, not ones that are easy”.

Well done again to all those who kept the faith and supported our cause. I also want to thank the Jotmans Farm Action Group who fought this application hard from day 1. We can all rest that little bit easier now.

We are not completely out of the woods just yet, but we one last step away and I will be dammed if I am going to let anything make us stumble now.

I will be putting out a letter to let the rest of the estate know at the weekend and if anyone could volunteer to deliver their road I would be grateful.

Kind regards,

Councillor Andrew Sheldon

Jotmans Magaret March Benfleethistory.org.uk

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Castle Point Residents Ill-informed or Gullible? Green Belt Saved or still in Jeopardy?

Be In No Doubt Canvey Island residents stand to be affected by the development of Jotmans Farm, as much as the Jotmans Farm residents do themselves!

Once all phases of the Jotmans Farm proposal is completed there is a plan to construct a Roundabout to allow traffic from the 800 dwelling estate, onto Canvey Way!

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Not only that, but the much Heralded retail extension nearby Morrisons on Canvey Island with the promised Marks and Spencer / Waitrose food, B and M and Sports Direct outlets, will add more Motorists Misery, entering and leaving via the Waterside Farm Roundabout and the local areas!

Recently the Jotmans farm Green Belt campaigners have been left to “discover” that Persimmons have decided to challenge the Secretary of State’s decision in the High Court.

The Secretary of State’s decision, generally portrayed to Residents as being a signal that not only Jotmans Farm, but also Green Belt in General, was Saved from Development, was Released on the 21st April 2017.

And so we headed for the Polling Stations, on the 4th May for the Castle Point Borough Council Elections and the General Election on the 8th June.

Possibly, Unfortunately the Election Period of Purdah may play some legal significance.* See below.

Through an email released by the Jotmans Farm campaign group, we gather that they are being led to believe that none of the Lead Group of Castle Point councillors were aware, or felt it unimportant to make the information known to Residents, that High Court action threatened the Jotmans Farm Decision!

Castle Point Council are an “Interested Party” in the High Court action. One only has to refer to the Glebelands case to be aware that CPBC should be involved:

Case No: CO/10476/201

IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

ADMINISTRATIVE COURT

 Manchester Civil Justice Centre

Date: 17/01/2014

Before :

THE HON MR JUSTICE BLAKE

Between:

 

FOX LAND AND PROPERTY LIMITED

Claimant

 

– and –

 

 

SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT

-and-

CASTLE POINT BOROUGH COUNCIL

 

 

 

Defendants

Would the Castle Point officers not have immediately informed the Lead councillors, could the councillors not have been Open and Transparent and informed their Residents, of the Legal move?

In the Echo newspaper it is reported that Jotmans farm residents clutch at the possibility that the Persimmon legal team, left it beyond the 6 weeks to challenge the Secretary of State’s decision. CPBC appear to leave this desperate hope hanging.

In our humble opinion we find it inconceivable, not only that the Persimmon legal team would be so inefficient, surely the challenge would have been dismissed should the 6 week time limit to challenge the decision have elapsed, but that some lead group Castle Point councillors to be unaware cpbc are an Interested Party in the High Court case!

CPBC are quoted in the Echo “As the Appeal is actually against the decision of the Secretary of State it is for the secretary of State to defend.” …..”councillors have been kept informed…”

We fear on behalf of Jotmans Farm and Canvey Island residents, on whom this development will impact upon, that the release date of the Secretary of State’s decision and the dates of the Local Elections may well have had some influence, as well as having some legal impact.

* “The term ‘purdah’ is in use across central and local government to describe the period of time immediately before elections or referendums when specific restrictions on the activity of civil servants are in place. The terms ‘pre-election period’ and ‘period of sensitivity’ are also used.
The pre-election ‘purdah’ period before general elections is not regulated by statute, but governed by conventions based largely on the Civil Service Code.
The pre-election period for the 8 June General Election will start on midnight on Friday 21 April 2017.
A ministerial statement gave details of the different ‘purdah’ periods for the different elections on 5 May 2016: The period of sensitivity preceding the local, mayoral and Police and Crime Commissioner elections starts on 14 April”
Source: House of Commons Library Published Friday, April 21, 2017