new hotel at hampton court means loss of fishing

From the Surrey Comet

A legal challenge against controversial plans to develop land near Hampton Court Palace is back on track.

Campaigners lost their High Court appeal in January against a decision to allow developers to build a 46 bedroom hotel on the Jolly Boatman site.

Judge Mr Justice Ousely ruled Elmbridge Council had acted lawfully when in 2008 it granted developers Gladedale permission to build the hotel, as well as 66 new houses and a care home.

But now architect Keith Garner has won the right to challenge the court’s decision.

Mr Garner, a former employee of Historic Royal Palaces, who manage Hampton Court Palace, maintains the council acted unlawfully because it had failed to take account of the development impact on the setting of the palace.

The appeal will be heard in the Court of Appeal on June 23 and 24.

Architect wins right to appeal Boatman decision
Apr 15 2011 By Vicki Eltis
Architect Keith Garner has been granted leave to appeal a Judicial Review decision over the Jolly Boatman site next to Hampton Court Train Station.
The architect, a former consultant to the royal palace, lost his appeal to the High Court in January over Elmbridge Borough Council's plans to agree the proposals for the plans to build a hotel, care home and 66 apartments.
Mr Garner says the development will spoil the setting of the palace.
Mr Justice Ouseley dismissed the case, which was at a cost of £45,000 to the council.

Hampton Court Rescue Campaign (HCRC) said it was delighted Mr Garner and his legal team could pursue the case. The case has been scheduled to be heard in the Court of Appeal from Thursday, June 2

I know this area well and it looks like a dump, real eyesore considering its next to the entrance of Hampton Court station and very touristy.

Local paper coment..

http://www.yourlocalguardian.co.uk/news/local/richmondnews/8985417.Jolly_Boatman_developers__fail_to_clean_eyesore_site_/

PR opportunity if we join Hampton Court palaces's request to clean the site of litter.

Litter there will get blown into the Thames - not good for them turning down a conservation group's offer to clean up that litter for free.

choose a date steve and we'll get on it

Yes saw that story, glad it wasnt anything.

Messed up my usual swim but I was looking to start a new campaign somewhere else so it gave me the kick up the arae I needed to move lol , going to be putting my effort into Kingston bridge and ravens ait , I'm hoping for a 30lber this season , I know it's a big ask but it gives me something to aim for !!!

nice one conor m8 , some lumps in those areas !! along with some very very big barbel and chub !

Just a quick q people , is it still ok to fish next to the Hampton court bridge on the palace side ? Also as I don't drive does anyone know of good spots I can get to via bus ?

if you get a bus to victoria bus station,you can get another bus to cornwall,and theres a great spot down there called white acres.

willie

ConorBeard wrote:

Just a quick q people , is it still ok to fish next to the Hampton court bridge on the palace side ?

Yes but there's a concrete jetty that says No Fishing and there's a bite alarm restriction all along that bank down to Kingston at night. There's signs up that'll tell you all the details. They're iffy about bivvies aswell....was told by the bailiff they ask bivvies to be taken down in the daytime.....brollies are OK.

People get away with alarms and bivvies absolutely no problems there but telling you the restrictions so no surprises for you

no volume on alarm heads , just through receiver in bivvy , conor , nobody can moan then .
Be aware at night mate , as im sure on tye stretch between hampton court and kingston at the end of last season there was a problem with tackle thefts along there mate

The alarm issue is because the local bylaws are set by the palace, not the council. Its an odd one as I think pretty unique along the free Thames.

Never had any problems myself but its just try and be subtle as possible, saying that I only fish that bank in late autumn, winter.

Come 16th June it is bivvy city from Kingston upstream.

Very well known for carp and barbel, just got to find them. I wouldnt fish the Portsmouth road slipway as if you hit anything it is straight round the boats, you have no angle to play the fish. Heard more lost than landed.

Interesting that this subject was a big aprt of Keith Speers talk last night, getting the swim right, knowing before you even put a line out just where you can safely land it, knowing the snags and potential hazards. Making me think a bit more

e-bulletin Hampton Court Rescue Campaign 21/06/11


This Thursday and Friday 23-24th June, Keith Garner presses on with his legal challenge. Undeterred, he is presenting his case to the Court of Appeal in London, in a bid to overturn a previous High Court judgement dismissing his case against Elmbridge Borough Council that gave its approval to controversial plans for a massive development at Hampton Court Station, opposite the world renowned Palace.
Dr David Starkey, the influential Tudor historian, writer and broadcaster, wrote in recent correspondence to Mr Garner
“I am filled with admiration for your struggle and I wish you well at the appeal on 23-4 June, with the best of luck".

HCRC will be at the Court to support Keith for the duration of the case and would welcome the company of fellow supporters. However, if you are unable to attend, the result will be sent by e-bulletin as soon as we get the Judges' decision.

Fingers crossed.

Mary Brook
HCRC Communications

hi dave, what court is this at? and what time for both days do proceedings start?

i may pop down on friday with my t shirt on and a load of leaflets,and give our support. i suppose it will be well represented by the press,good oportunity for some publicity and hopefully get a few new members

willie

m8, thats a pukka shout, I'm sure the fella will appreciate anyone who makes the effort and supports him

Looks like it's at the High Court in the Strand - train to Waterloo, walk over Waterloo bridge, turn right and keep going along the Strand past the Aldwych until you see it on the opposite side of the road.

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/hearing-lists/list-appeal-civil.htm

I think this is it:
COURT OF APPEAL CIVIL DIVISION COURT 63
Thursday, 23rd June, 2011
Before LORD JUSTICE PILL LORD JUSTICE TOULSON and LORD JUSTICE SULLIVAN
Not Before half-past 10
APPLICATION
From The Queen's Bench Division (Administrative Court and Divisional Court)
FINAL DECISIONS
C1/2011/0265(A) Garner & ors -v- Elmbridge Borough Council & ors. Application of Claimants for application to reconsider paragraphs 4 and 5 of order dated 28-3-11.
APPEAL
C1/2011/0265 Garner & ors -v- Elmbridge Borough Council & ors. Appeal of Claimants from the order of Mr Justice Ouseley, dated 31st January 2011, filed 7th February 2011.

cheers ed, itll be the first time ive been to court and not been the accused

couldnt get along to the court today.my misses had other ideas :queen:

hope we get told of the result of the final hearing.

just saw this on internet about the appeal

http://www.yourlocalguardian.co.uk/news/local/elmbridgenews/9105143.Jolly_Boatman_row_rumbles_back_into_Court_of_Appeal/

another update

http://www.yourlocalguardian.co.uk/news/local/elmbridgenews/9107848.Fight_goes_on__despite_further_Jolly_Boatman_rejection/

e-bulletin Hampton Court Rescue Campaign


HCRC supporters and Dr David Starkey lament the Court ruling.


“I am filled with admiration for your struggle " wrote Dr David Starkey, influential Tudor historian, writer and broadcaster on the eve of Keith Garner’s appearance in the Court of Appeal.


HCRC has learned over its long 6 year battle to save Hampton Court Palace's unique historic and treasured landscape, that it is unwise to predict the outcome of planning decisions. This was borne out at the Court of Appeal last Thursday and Friday.

A whole day and a half of costly Court time was expended yet again, in an attempt to unravel the ambiguities of the response from English Heritage to the Hampton Court Station and riverside development proposals on which Elmbridge Council's Planning Officer (who recommended the scheme for approval) had so heavily relied.

With surprise and profound regret HCRC supporters heard the Judges, the Lord Justices, Pill, Toulson and Sullivan, uphold Mr Justice Ouseley's previous judgement, ruling that the case against Elmbridge be dismissed.



The case was returned to the Appeal Court last week to challenge whether Elmbridge Borough Council had, in regard to Hampton Court Palace, a listed monument, complied with its statutory duty to pay 'special regard to the desirability of preserving the building or its setting, or any features of special architectural and historic interest' as set out in Section 66 of the 1990 Planning Act. Their Lordships recorded that there was a 'conspicuous absence' of reference to section 66 in the Officer's report, but that its guidance was implicit in the Planning Brief that framed the original proposals.



"I am disappointed and not a little surprised at the way the hearing went," Mr Garner remarked after the Hearing. "I thought our QC did very well to put his points across. But the Judges seemed to have made up their minds. Nothing Richard could say seemed to influence them in any way".



In no doubt whatsoever is Mr Garner's continuing commitment to seeing his challenge through, and HCRC understands that the next stage will be to seek leave to appeal to the Supreme Court, on the grounds of 'public interest'.



The Appeal was the culmination of months of work by Keith Garner's legal team, Richard Buxton Assoc., of Cambridge. Facing the legal teams of both EBC and Network Rail, Richard Drabble, QC for Mr Garner, dealt confidently with the major issue of contention that the opinions of English Heritage have caused 'so much confusion'. Sadly, he was unable to convince their Lordships to overturn the decision. The public might reasonably ask but find it extremely regrettable, that English Heritage did not think it helpful to clarify its views earlier in the planning process, so that these deliberations might have been avoided.



Mr Garner is owed a huge debt of gratitude for his unerring perseverance and self sacrifice in trying to safeguard the future of Hampton Court Palace and the Molesey river scape. HCRC now waits to learn whether his leave to appeal the decision in the Supreme Court will be granted.


Finally, HCRC would like to thank supporters for their many and welcome messages of encouragement.

Its a sad day for democracy in this country, when judges have already made up their minds before a case comes to court, sorry for being a cynic, but the only sound i hear coming out of this caper, is the sound of brown paper bags being rustled. Hope the planning officer enjoys the Bahamas.
james

HCRC can now confirm that Keith Garner, with unshakable resolve, is to press his case against Elmbridge Borough Council to the highest level, the Supreme Court of Appeal. Given the sensitivity of the historic riverside setting of Hampton Court Palace, his legal team will continue undaunted with its legal challenge of Elmbridge's misguided approval of the monstrous redevelopment plans for the Tudor Palace site .


His case focuses on EBC's failure to comply with obligations laid down in the Planning Act that advocate paying 'special regard to the desirability of preserving the building or its setting, or any features of special architectural and historic interest' . Courageous Mr Garner expects that his leave to appeal will be heard in October.


Recent remarks made by the Leader of the Council , blamed those opposed to the scheme for having forced the Borough to unnecessarily spend £90K of its budget on legal bills. In fact, EBC spent a portion of this money unsuccessfully defending itself against the decision by the Government's Information Commissioner to release to the public, previously withheld secret financial documents. That said, HCRC maintains that if it takes £90K to overturn this badly-handled, ill-judged planning decision and rid Elmbridge of this eyesore of a scheme at Hampton Court, then it is money well spent.


However, it is clear that the case cannot continue without more financial assistance from supporters and residents. Keith regretfully reports

“ the appeal depends on us raising further funding as our war chest is now depleted.”


HCRC works tirelessly to deliver funding, but more is needed.


Do we allow this huge development to go ahead, with the permanent loss of the precious heritage setting at Hampton Court Palace, enduring the traffic chaos, the impact on our local communities and increased flood risk, OR DO WE STOP IT? P lease, support our efforts to oppose this development.


HCRC sees Keith’s sustained court case, the withdrawal of the Royal Star and Garter Ho me from the joint venture, and a recession-hit housing industry, as the perfect climate for EBC to reconsider, collaboratively, its plans for the riverside site, especially under the spotlight of 2012.