Letter: Waitrose and The Letter Refusing GVG’s Application for Judicial Review

Published on: 15 Aug, 2013
Updated on: 15 Aug, 2013

From Cllr Caroline Reeves

Cllr Reeves is the Lib Dem Borough Councillor for Friary & St Nicolas

I am writing in response to Gerald Bland’s letter in which he claims to correct misleading comments made about GVG’s application for judicial review.

I am very pleased that the judgement of the High Court refusing leave to GVG [Guildford Vision Group] to present its JR has been released following a request from the Guildford Dragon (see below).

The decision states very clearly that ‘Permission is hereby refused’, which is perhaps even stronger than the word ‘dismissed’ used in the GBC press release.

The document then goes on to list the reasons, which as you will see from the document published by The Dragon, covered the Judge’s satisfaction that there was no error of law in the consideration of the sequential test, that English Heritage had been made aware of the application and did not consider a formal consultation necessary, and the Agreement with Greene King over the sale of the Live and Let Live is valid.

To further emphasise the decision, cost were awarded against GVG. The Judge’s decision was to refuse permission and GVG have appealed that decision on one of the grounds of their JR, as opposed to the implication in Gerald Bland’s letter that the Judge’s initial decision was to go for a preliminary hearing not a ‘trial’.

With regard to progressing the work on site, the first stopping up orders were displayed several months ago; as soon as the refurbishment of the Beverley Hall is completed by Waitrose (as part of the planning permission) the Community Centre building will be vacated, and the PPA drama group already have their replacement accommodation in place as soon as there is a need for them to vacate the Bellerby Theatre.

Below is a full copy of the letter received by Guildford Borough Council referred to in Cllr Reeve’s letter above.