TCI Commentary:
A prime example here of what can happen when a decision gets significant public support through a consultation but objectors still remain. The consultation process is a valuable part of the democratic checks and balances, but it does not exist in isolation. A legal challenge is always a possibility, and consultors should always be ready for them. For consultors, the best way to reduce the risk of a successful legal challenge is to ensure robust processes from beginning to end. We do not yet know if Mrs White’s judicial review will end up in court, but whatever ends up happening, it will have caused no small amount of stress. It’s important to remember however that the courts are interested solely in justice and the rule of law, and even if this did end up in court, the fact that a large number of responses to the consultation were positive does not necessarily mean it would be found to be legally compliant.
Article:
Last week it was reported local resident Margaret White had started mounting a bid for a judicial review against a decision to build The High School Leckhampton on green fields near her home, raising environmental and traffic concerns.
But supporters of the new 900-pupil school have spoken out with “upset and outrage” that an application to start the legal process has been sent “at the eleventh hour”.
A mother of two, Anna O’Connor, said the plan is “causing so much stress, anxiety and desperation” among families, adding that there is “no alternative, no Plan B”.
Last week Leckhampton and Warden Hill Parish Council unanimously agreed to oppose the judicial review and ask for the bid to be withdrawn.
Mrs White had raised concerns about the building of the 900-pupil capacity school on the countryside between Farm Lane and Kidnappers Lane, as well as fears about increased traffic on and around the A46 Shurdington Road.
Gloucestershire County Council’s planning committee granted planning permission for the new £30million school earlier this year, which is needed as a solution to a lack of secondary school places in the town and an increase in the birth rate locally.
An online petition has also been launched in opposition to the judicial review which has reached 415 signatures by September 7, 2pm.
Families and the town’s MP Alex Chalk gathered at Burrows Field to show support for the new secondary school last week, displaying banners and placards.
It is being ‘sponsored’ and developed by Balcarras School and is due to open in September 2021.
‘We have worked so hard to get this school approved’
Mrs O’Connor said: “It is staggering that one person in our community can use the planning process to bring an action at this very late stage which could have such a detrimental effect for the future of our whole community’s children, the education of hundreds in Leckhampton and Warden Hill.
“This is causing so much stress, anxiety and desperation among families who have already been through so much in the last six months.
“We have worked so hard to get this school approved. It will be at the heart of our community and an asset to it.
“The support for this school is huge. There is no alternative, no Plan B, no contingency, and it is totally undemocratic if one person is allowed to stand in the way of the educational needs of so many by raising a few technicalities.
“This school has been through a full public consultation process with huge support proven. It was finally approved at planning unanimously in May.
“We are all on the same team. We live here and we value our environment.
“We all want a ‘green school’ with safe roads and cycleways for our children but we want to work with GCC and key stakeholders collaboratively to achieve this. We are committed to doing so.”
Mrs White hopes the legal process, in which a judge reviews the lawfulness of a decision or action made by a public body, will lead to Gloucestershire County Council having to find another site for its planned new school.
a statement issued last week, the county council said any delay would be “really disappointing”.
It said: “This much needed new school will provide modern, high quality, teaching facilities, to support 900 children from Cheltenham and the surrounding area.
“Any delay to that would be really disappointing. We have followed all appropriate procedures and will defend our position if necessary.”
Article originally appeared on Gloucestershire Live
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This article was originally published by Gloucestershire Live
