Judicial review at harbour ruled out

By Ross Findon

Wednesday, December 5, 2012

 

Judicial review at harbour ruled out

Newport Harbour.

A HIGH Court judge has rejected an application for a judicial review into the Isle of Wight Council’s running of Newport Harbour.

Harbour resident and businessman Robert Turner submitted the application in July challenging the council’s definition of the harbour’s boundaries and assets.

The application, funded by Newport Harbour Action Group at a cost of £2,000, claimed the council removed valuable land and assets from the harbour estate.

Judge William Davis QC refused the application, however, stating that its grounds were unarguable.

He said the council made clear it intended to regularly review its position on harbour assets.

He added: "It is argued that the defendant made ultra vires decisions in the past and the defendant’s approach to these decisions is flawed and unlawful.

"The factual basis for this argument is misconceived. No relevant lease took any land outside the harbour estate. In any event, insofar as any decision susceptible to judicial review was made, the claimant is hopelessly out of time."

Mr Turner said the judge had not fully comprehended all his arguments, however, he could not afford to appeal as he claimed the Isle of Wight Council had successfully applied to the Legal Services Commission to withdraw his legal aid.

Reporter: ross.findon@iwcp.co.uk

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