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Radley
Parish Council Decides to End Radley Lakes Judicial
Review
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[posted
28/05/2009, last updated 03/11/2009]
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At
its annual meeting on 28 May, Radley Parish Council
decided to instruct its solicitor to conclude the Judicial
Review of the decision by Oxfordshire County Council
not to grant Town Green status to land around Thrupp
and Bullfield Lakes in Radley, on the best terms achievable;
In the meantime, the Parish Council will continue to
seek clarification from RWE npower on the long term
arrangements for npower's land at Thrupp Lake.
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| In
October 2006, an application was made, by Mrs Jo Cartmell,
an Abingdon resident and a leading member of Save Radley
Lakes, to register Thrupp and Bullfield Lakes, and land
immediately surrounding them, as a Town Green under
the Commons Registration Act, 1965, on the basis that
local people had used the land, "as of right", for lawful
recreational activities over the preceding 20 years.
Registration of the area as a Town Green would have
prevented any development of the land 'in perpetuity',
and, in particular, would have prevented RWE npower
from dumping waste ash from Didcot Power Station into
the lake, as they were planning to do at the time. A
Public Inquiry was held in Radley in April - June 2007.
However despite the findings of the inspector that people
had indeed used the land around the lakes for lawful
pastimes over the requisite period, he did not recommend
that it should be a Town Green. On the basis of this
recommendation, in January 2008, Oxfordshire County
Council decided not to grant Town Green status to any
of this land. |
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In
April 2008, after taking legal advice from a top barrister,
Radley Parish Council challenged this decision by
launching a Judicial Review. This was due to have
been heard in the High Court in February 2009.
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However,
following the announcement by RWE npower in December
2008 that they no longer needed Thrupp Lake for ash
disposal, and would be gifting it to the community as
a wildlife site, the interested parties agreed to stay
the proceedings until the end of May 2009, while more
specific commitments were sought about the future of
the land. |
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Earlier
this week, it was announced that the Northmoor Trust
had been appointed to manage Thrupp Lake . Radley
Parish Council is now fully satisfied that RWE npower's
public assurances constitute the necessary commitment
and that npower are actively proceeding to deliver
the promises made in December 2008. Although no parties
have entered into any sort of legally-binding agreement,
Radley Parish Council, as an act of goodwill, has
decided to end the Judicial Review, so that further
plans and negotiations will be unfettered by it.
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Radley
Parish Council would like to take this opportunity
to congratulate the Northmoor Trust on their appointment,
and is delighted at the prospect of this beautiful
area being preserved and maintained properly for the
community and wildlife.
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[Update
03/11/2009]
Following
an application, supported by all parties, to withdraw
the claim, the High Court of England and Wales, in its
Consent Order dated 4 August 2009, ordered that the
claim be withdrawn, thus bringing the legal process
to a final conclusion. All parties agreed to pay their
own costs, and no costs order was made by The Court. |
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| The Town Green application process begun
by Mrs Cartmell in October 2006 is thus finally ended. |
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