Former tennis star, David Lloyd, today renewed legal moves in his fight for planning permission to set up a racquets and fitness club with associated parking and a community park on land at Helen Road Sports Ground in Gidea Park, Essex.
Lloyd was supported in his application by the Chairman of the Romford Rifle and Pistol Club, Bernard Bush.
The inspectors decision was upheld in November last year by Deputy High Court Judge George Bartlett QC, who ruled that the inspector had correctly interpreted the policy, and that his conclusion that the scheme would severely impact on the open nature of the site supported his view that the terms of the policy would not be met.
Today in a challenge to the judges decision, Peter Village, counsel for Lloyds company told the Court of Appeal that it was Lloyds case that there was an unmet need in the borough for the kind of facility proposed and that there were no other suitable locations for it.
He argued that there was an acknowledged and unfulfilled need for the proposed sports facility, and that if there was any harm arising from the development, which he did not accept, the identified need would override any harm.
He maintained that the judge was wrong to find that the inspector had given proper, adequate and intelligible reasons for his decision, and in particular for his conclusion that the pupils of Ardleigh Green Junior School would be disadvantaged. No explanation was given by the inspector as to why or in what respects the school would be disadvantaged.
The hearing continues.
R v SSETR and another, ex parte Next Generation Clubs Ltd Court of Appeal (Schiemann & Mance LJJ & Smith J) 10 October 2000
Peter Village (instructed by Howard Kennedy) appeared for the appellant; Nathalie Lieven (instructed by the Treasury Solicitor) appeared for the first respondent; the second respondent local authority did not appear and was not represented.
PLS News 10/10/00
