Protecting the Dedham Vale

Grounds for judicial review

dedhamvalesociety.org.uk writes

The DVS consulted its lawyers who pointed out that the inspector had failed to consider significant details, such as the amount of light pollution emitted by the development which would affect the dark sky status of the National Landscape. She had also ignored - and admitted she had ignored - a new legal duty incumbent on her and other public bodies such as Tendring and Greater Anglia which says they 'must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty'

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www.railmagazine.com writes:

[Charles] Clover said the inspector failed to consider Section 85 when making that decision .... 'the Government has ignored its own law' [the] DVS spokesman added.

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Ipswich bound worst bottleneck in Essex is going to get worse

Bernhard Jenkin MP writes:

For years now, I have been pushing for progress to rectify the insufferable traffic issues, alongside Cllr Carlo Guglielmi, Tendring Councillors, and my colleague James Cartlidge MP, who represents the Suffolk side of the Stour.

And

There is understandable irritation amongst residents who are often caught in the jams that is so often backed up through the town.

Progress has been slow and it is a harder nut to crack than many of us had hoped.

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Manningtree is notorious for its peak time congestion spreading out from the roundabout and single lane underpass next to the station. Indeed, Cllr Carlo Guglielmi labelled it The worst bottleneck in Essex. A near FORTY percent INCREASE in station car park capacity will clearly make this problem even more insufferable.

Manningtree station car park expansion: Greater Anglia's solution to its problem in Ipswich? You decide

- Population Greater Ipswich: 139,500 (Click)

- Ipswich station car parking spaces: 494 (Click)

So there are approximately 280 Greater Ipswich residents for every parking space at Ipswich station.

- Population Greater Manningtree: 8,500 (Click)

- Manningtree station car parking spaces: 836 (Click)

So there are approximately 10 Greater Manningtree residents for every parking space at Manningtree station.

Manningtree station vs Ipswich station parking charges:

Manningtree to London vs Ipswich to London rail ticket prices:

Demolished

An interesting & quirky feature of Manningtree station car park was its nineteenth century stables and workshop:

Before

Greater Anglia flattened this for more parking space....

After

The quashing of Suffolk council's decision to let Greater Anglia use permitted development rights to extend Brandon station car park

The law states that in relation to railway undertakers 'permitted development' is

development by railway undertakers on their operational land, required in connection with the movement of traffic by rail

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www.planningresource.co.uk writes:

SAVE'S solicitor Susan Ring had written to the council prior to the decision, setting out the group's objections.

She said that, in SAVE's view, permitted development rights could not be used to deliver the car park expansion and that full planning permission was required.

Special permitted development rights are available to railway operators on their operational land and in connection with railway stations.

But Ring alleged in her letter that those rights could not be used to expand the car park onto 'waste land' outside the operational area of the station.

Conceding the challenge without the need for a court hearing, Breckland Council accepted that it had not had regard to Ring's letter.

It also accepted that it had failed to give reasons and to consider whether parts of the CLOPUD application fell outside the station's operational area.

SAVE's case was not contested by Greater Anglia and the CLOPUD was quashed by consent by Mrs Justice Lang on July 29.

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And, www.39essex.com writes:

SAVE Britain's Heritage claimed that Breckland District Council had failed to consider lawfully whether the car park was entirely on operational land, since operations land does not include 'land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests were to be held, for the purpose of the carrying on of statutory undertakings'

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Manningtree station car park expansion: Permitted development?

Before the car park was extended, wasteland separated it and the station border:

In its July 2018 letter to TDC, Mott Macdonald write that although this land was not used at the time of writing it was transferred to GA with the intention of being used for future operational purposes. In other words Mott Macdonald claim that this was land in which interests were to be held for the purpose of carrying on of statutory undertakings.

But this sloping, irregular, isolated & swampy land was in respect of its nature and situation comparable with land in general rather than with land in which interests are held for the purpose of the carrying on of statutory undertakings.

As Greater Anglia extended the car park over such non operational land the extended car park was 'not' entirely on operational land. Hence, it did 'not' qualify for permitted development rights.

Note to TDC & DVS: click here for more about PDRs (& Brandon station)