MVV APPEAL AGAINST REFUSAL OF INCINERATOR
WE HAVE A HUGE FIGHT ON OUR HANDS
As expected, MVV have given notice that they will appeal against BCP's refusal of their application for an incinerator on the edge of Canford Heath.
PLEASE READ THE DETAILS OF THE APPEAL PROCESS AND TIMETABLE BELOW AND SEE IF THERE ARE WAYS IN WHICH YOU CAN PARTICIPATE.
If you haven't already, PLEASE DONATE!
FUNDRAISING
Magwatch intends to be a Rule 6 party (See below). To counter MVV's attempts to overturn BCP's refusal of the Incinerator we will need significant funds so that we can:
- commission one or more specialist reports;
- hire legal representation at the Planning Inquiry which would follow an appeal;
- organise posters, leaflet drops and, perhaps, the hire of a venue for a public meeting.
PLEASE HELP US:
PLANNING APPEAL – Some Notes
Participants
- The Planning Inspector (PINS)
- The Appellant (MVV)
- The Local Planning Authority (BCP)
- Rule 6 Parties (groups with full involvement in the appeal process)
- Interested Parties (Individuals and groups with views on the proposed development)
Representation
Community
There will be a community session at which residents will be able to speak.
‘Interested Party’
This requires a written statement (with arguments for refusal rooted in material planning considerations), provided to all sides, at a fairly early stage in the process.
‘Rule 6 Party’
This is a more formal role for a person group who have applied for this status and who will have equal footing with MVV and BCP. They will share the same deadlines, and will be entitled to sight of BCP and MVV papers in advance. There will be an obligation to put forward at least one witness (ideally an expert), who most likely would be led through their statement by their advocate, then cross-examined by a MMV lawyer. Such representation, the most effective, would be costly and would require a significant fund-raising effort, if that is a path Magwatch wished to follow.
Some Terms
Statement of Case
The detailed arguments put forward to the PINS 1) by the appellant (MVV) as to why the refusal decision was wrong and should be overturned, 2) by the LPA (BCP) and 3) by Rule 6 parties as to why the refusal was the correct decision.
Statement of Common Ground
This is a shared document produced by the LPA and Appellant in which thy identify the areas and issues in which they are in agreement so that the Inquiry can focus on the contentious issues. It is something of a tightrope for BCP to walk: there is always the risk of giving away too much ground, thus playing into the hands of MVV.
Proof of evidence
This is the written statement of the evidence a witness will present to the Inquiry in the Statement of Case. It is likely to contain professional opinion, with supporting facts. At the Inquiry itself witnesses will speak to their proofs and be subject to cross-examination by other parties (possibly a lawyer) and the Inspector.
Witnesses do not technically have to be an professional experts, but need to be capable of undergoing the same level of rigorous cross examination as an expert.
[TO DOWNLOAD THESE NOTES, WITH THE TIMETABLE BELOW AND A LIST OF PLANNING CONSIDERATIONS, GO TO DOWNLOADS BELOW.
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MAGWATCH
Magwatch is a group of local residents from Canford Magna, Merley, Oakley and Bearwood formed to protect our local green spaces, which are under constant threat from developers.