Thursday, 19 July, 2018 2:47:02 PM
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Call for judicial review over gifted Milton Road field could see hefty bill for council tax payers
Published: 19/05/2017 8:30 PM
Adderbury Parish Councillors are gathering at an extraordinary meeting this evening to discuss the Council’s response to the call for a judicial review of its activities. The request was made in a court action submitted by a resident of West Adderbury. The request is for a review in relation to actions surrounding the land gifted to the village on the Milton Road and it’s future usage. The application for a judicial review was submitted before the village voted by a clear majority in favour of using the field for sports pitches (including football) and a community facility.
In a judicial review a judge reviews the lawfulness of a decision or action made by a public body. The review does not question the decision, but rather the way a decision was made and whether the correct procedures were followed. A judge may decide to cancel a decision but the same decision can be made again as long as the correct procedures are followed.
The judicial review applicant had initially stated on the village website (adderbury.org) that he had permission to proceed with the judicial review but later retracted this and stated that the Parish Council would first be given time to respond to the request for a review. Adderbury News understands that it is then that a judge will decide if there is a case to answer. Parish Councillors will tonight be considering the Council’s response. Much of the meeting will be held with the public and press excluded.
Should the judicial review proceed and the judges decision go against the Parish Council all costs may have to be borne through the local Council tax levy as the Council’s insurance may not cover such situations. It is understood judicial review cases can run into tens of thousands of pounds.
It is unclear as to whether the judicial review is directly linked to the campaign against using the Milton Road land for sports pitches and a community facility. However the judicial review applicant was one if the signatories to the “no” campaign leaflet. Parish Councillor Keith Mitchell has shared his opinion of the situation on his blog at www.krmcbe.com.
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