Campaign to Fund Local Plan Challenge Has Tight Deadline

Published on: 26 May, 2019
Updated on: 28 May, 2019

Jules Cranwell photographed in 2013

Green belt campaigner Jules Cranwell has launched a new, urgent campaign to raise funds to pay for lawyers to mount a judicial review (JR) of Guildford’s Local Plan process.

According to a notice Mr Cranwell has circulated, a judicial review would be the “simplest” way to amend the plan, “This will allow an overall plan to be left in place, challenging the aspects that are unwanted, but meeting the government’s requirement to have a valid plan.”

But he warns: “Any Judicial Review must be on sound LEGAL grounds – planning objections don’t apply here. The High Court will rule in our favour only if there were flaws in the process. We think there were legal flaws.”

It is suggested that those wishing to support the campaign donate £250 to raise an initial £10,000 for the JR application and then up to £30,000. Mr Cranwell asks that anyone who wants to find out more contacts him at: GuildfordJudicialReview@gmail.com.

But the clock is ticking. Any application for a JR has to be made within six weeks of the adoption decision which only gives them 11 days until the June 6 deadline.

The first page of Jules Cranwell’s appeal

Joss Bigmore

Joss Bigmore, leader of the Residents for Guildford and Villages said: “The right to Judicial Review is enshrined in English law, given the depth of feeling amongst the community it is not a surprise that many groups are exploring this avenue.

“R4GV supports any attempt to remedy what we consider is a poor Local Plan. We have been advised that the council can’t call for its own JR but we hope to be constructive and imaginative in our response to any challenge to secure the best outcome for the Borough. R4GV does not have the funds to support this action but I’m sure many of the R4GV family will contribute on an individual basis.”

Brian Creese campaigning with party colleague Elizabeth Mpyisi during the recent borough council election.

But Brian Creese of the Guildford Labour Party said his party does not support a judicial review. He said “Guildford Labour Party does not support any further expensive opposition to the Local Plan. The plan, which Labour councillors voted in favour of, gives Guildford a positive framework for the future.

“A judicial review will be expensive, time-consuming and – even if successful – may not lead to a better plan for the people of this borough. Our focus remains ensuring the Plan delivers more social and genuinely affordable housing, proper infrastructure for any new developments and developing an imaginative town centre rejuvenation. If Guildford is to withstand the challenges ahead we need to put this behind us and concentrate on the future.”

Mike Bruton speaking on behalf of the Guildford Greenbelt Group said: “GGG was set up to fight urban sprawl via the council chamber. We want to protect green fields across the borough and to protect our natural environment on behalf of residents.

“The Guildford Local Plan Challenge has just been launched to challenge proposed urban sprawl in the courts.

“GGG has argued that site allocations on green fields are more than required and that our urban brownfield land can provide homes sufficient for the Borough’s need. The Guildford Local Plan Challenge is seeking to amend the adopted plan and wants to reduce site allocations on green fields across the Borough.

“GGG, therefore, supports the aims of the Guildford Local Plan Challenge.

“The JR Application is being funded by public crowdfunding. GGG’s resources are of course very limited and if GGG were to make a donation in the future it could only be a small amount.”

Guildford’s Lib Dems were also invited to comment. The Conservative Group at GBC has told The Dragon not to request comments from its members.

Responses to Campaign to Fund Local Plan Challenge Has Tight Deadline

Stuart Thompson Reply

May 26, 2019 at 8:44 pm

I hope that those who put up money for this will also be prepared to crowdfund the costs of GBC if the application fails and costs are awarded. Perhaps Mr Rigg or some other councillor associated with GVG could comment, as they seem to have had some costs awarded against them as a result of their legal challenge to the Waitrose development (see my comment on Dragon article dated 9 November 2013).

One can, perhaps, understand why GGG does not wish to put its money where its mouth is on this one.
- Jules Cranwell Reply
  
  May 28, 2019 at 12:00 pm
  
  Any costs borne by GBC will be the fault of the outgoing Tories. They knew this plan to be flawed, and they knew with absolute certainty that there would be one or multiple challenges.
  
  However, they went along with their scorched earth attempt to impose an unworkable plan on the borough, largely out of spite, as they knew they were a spent force, and would be trounced in the election.
  
  Also, the new council has the option not to defend the JR, as they would be throwing our money away on a lost cause. I’m hoping that a majority of right-minded councillors will recognize this.
  
  GGG is highly supportive, as explained above, as are R4GV.
  
  However their funds are extremely limited, and they have not accepted donations from developers, unlike the Tories.
  - Paul Davies Reply
    
    May 28, 2019 at 5:01 pm
    
    I don’t know about the legal process or whether GBC’s costs to defend the judicial process could be claimed by the council in the event that Mr Cranwell’s case gets thrown out. Surely the entity that brings the claim would have to foot the bill but whose name is going on the application?
    
    Can anyone enlighten the readers on these two points?
    - Jules Cranwell Reply
      
      May 29, 2019 at 9:22 am
      
      There do not have to be any costs for GBC. They could instead join my challenge, or at minimum do nothing to resist it.
      
      This would be appropriate, given most councillors campaigned on an anti-plan ticket.
      - John Ferns
        
        May 29, 2019 at 7:43 pm
        
        In a report to the GBC Executive, dated 4 September 2018 http://www2.guildford.gov.uk/councilmeetings/documents/s11444/Item%2005%20-%20Main%20Modifications%20consultation%20on%20the%20Submission%20Local%20Plan.pdf
        it is stated, in para 1, “Since 2009, the Council has spent £2.6 million on developing the draft Local Plan. Projected expenditure for 2018-19 is £848,700, which includes a contingency for judicial review costs of £300,000 which will be funded from reserve, and we estimate that a further £372,200 will be spent on the Local Plan in 2019-20.”
        
        The Local Plan is now adopted but prudent accounting should mean that the £300,000 provision is still remains earmarked, at least until the risk of defending (or initiating) a Judicial Review is past.
J Brown Reply

May 27, 2019 at 3:02 pm

So will this protect our green villages from urban sprawl?
Jules Cranwell Reply

May 27, 2019 at 3:27 pm

This is Guildford’s Brexit.

Residents, on the whole, want to Remain in the green belt.

The outgoing Tories knew this from the 80,000 comments they chose to ignore. They perfidiously voted to LEAVE the green belt, days before the local elections, and to do little or nothing to regenerate the town, or to provide any truly affordable housing for key workers and the homeless.

Well, residents reacted, and they showed their displeasure by handing most of them their P45s.

We feel this really can be challenged, but we need funds. The full flyer can be viewed, with details of how to donate here:
https://www.dropbox.com/s/m75nk4vw0s08ly1/Judicial%20Review%2023.5.pdf?dl=0
Brenda Jones Reply

May 27, 2019 at 5:14 pm

Great to see people uniting to defend our green belt!
Michael Bruton Reply

May 28, 2019 at 12:48 pm

Across the Home Counties, the Tories got their deserved comeuppance over their betrayal of the green belt. Not just in Mole Valley, Tandridge and Waverley Boroughs and wholesale in Guildford but in Oxfordshire and Hertfordshire and others, as well.

It’s strange how few Surrey Tory MPs have defended the green belt. What has Mrs Milton, for example, ever said about any of it and what has she done?

There was a time when we had a highly effective Guildford MP in David Howell. But ever since…?
David Roberts Reply

May 28, 2019 at 3:01 pm

An example of a council seeking judicial review of its own decision:
https://localgovernmentlawyer.co.uk/governance/396-governance-news/33656-council-applies-for-judicial-review-of-one-of-its-own-planning-decisions

It can be done!