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Date set for Pyestock court showdown
By Stephen LloydJanuary 28, 2010
CAMPAIGNERS fighting plans for a massive warehouse in north east Hampshire have finally been given a crunch court date.
A High Court judge will consider the Pyestock mega depot between Fleet and Farnborough at a two-day hearing on May 26 and 27.
Christina Downes, an independent planning inspector, recommended the controversial 1.3 million sq ft warehouse scheme be rejected because it would adversely affect the strategic gap.
But Lord McKenzie, a new junior minister in the Department for Communities and Local Government, over-ruled the decision, saying job opportunities outweighed the disadvantages.
Hart District Council decided not to appeal the decision, instead leaving SPLAT (Stop Pyestock bLot Act today) to mount a High Court challenge.
The campaign group will be represented by Paul Stinchcombe, who supported SPLAT at the month-long public inquiry.
SPLAT leader Bob Schofield said the High Court hearing will be on a legal technicality.
“It will not be possible to resurrect the many technical issues that were debated and essentially ignored by the Secretary of State or his representative, Lord McKenzie, in coming to his decision,” he added.
“The inspector at the public inquiry concluded that environmental damage outweighed the benefits provided by development including the provision of jobs.
“The Secretary of State reversed the decision, assessing job provision as more important than environmental considerations.
“SPLAT has challenged the decision on the legal grounds that the Secretary of State did not take all material considerations into account in making his final judgement.”
Mr Schofield said SPLAT has continued to press both the Department for Communities and Local Government (DCLG) and Natural England to reveal their decision-making process regarding the warehouse application.
“The DCLG refused to release information under the Freedom of Information Act on the argument that it was not in the public interest to do so,” he added.
“They did release a heavily redacted (obscured) copy of their internal report to the minister, but would not release any discussion of the report and how the final decision was formulated.
“Lord McKenzie, acting for the Secretary of State, admitted in the House of Lords that he had not visited the area nor the site in making his decision.”
Mr Schofield said the Secretary of State’s decision could have been influenced by the advice given to him by Natural England.
“SPLAT contested that NE, in their final report to the Secretary, had not taken all the relevant information into consideration,” he added.
“After months of exchanging correspondence, NE have, as much as any government department ever admits to its failings, admitted that there were lapses in its procedures and they have no reliable audit trail of their decision making process.”
SPLAT member Shan Healey said the DCLG White Paper launched on July 9, 2008, entitled Communities in Control: Real People, Real Power was about passing power to communities and giving real control and influence to more people.
“The Secretary of State for the DCLG made his conclusion on Pyestock against the recommendation of his own inspector and in the face of objections from one MEP, two MPs, three county councillors, a district council, a borough council, several parish councils and over 12,000 letters of objection from local residents who will suffer the harm of a mega depot,” she added.
“Can local residents really feel fully empowered and in control of this local community?”
A spokesman for warehouse developer PruPIM/ProLogis said: “It is very welcome a date has now been set, which we hope brings the prospects for investment on the site that much closer.
“At a time of economic uncertainty, our proposals will bring substantial investment, new jobs and training opportunities to the local area.
“We have a very strong planning case for our proposed development and this was recognised by the Secretary of State.
“There is a great need for distribution facilities within the south east, where the country’s largest consumer market is located.”
The spokesman added the proposals would clean up the contaminated site and bring it back into more productive use.
It will also bring employment on the site back up to 1,600 jobs.

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