Is ERYC Facing A Possible £10m Claim?

LAKEMINSTER PARK LTD – PRESS RELEASE     

For immediate release – 24 August 2016

Lakeminster Park Ltd and resident Alan Coates have been granted permission by the Court of Appeal to appeal His Honour Judge Pelling QC’s decision (of 6 November 2015) not to revoke his ruling (made on 14 April 2015) to strike out Lakeminster Park Ltd’s and Alan Coates’ appeal claim.

The claim relates to their joint appeal against the decision of the Planning Inspector Diane Lewis in September 2014 when she upheld East Riding of Yorkshire Council’s (ERYC) refusal of planning permission for permanent residential occupancy at Lakeminster Park, Beverley.

Lakeminster Park Ltd and Alan Coates are also seeking to put forward new evidence and introduce another resident as a co-appellant in the case.

A representative of Lakeminster Park Ltd said:

“We are very pleased to have been granted leave to appeal the rulings made by Judge Pelling QC last year. We are now in the process of preparing our case for the appeal hearing, a date for which has yet to be set.

“We have written to the remaining residents of Lakeminster Park, who have supported our appeal from the beginning, to update them on our ongoing legal action in respect of the planning inquiry decision.

“We remain committed on their behalf to take this case back to another planning inquiry to prevent any remaining resident from being evicted from their homes.”

Ends.

Background Information

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Lakeminster Park

Email To Nigel Pearson, Chief Executive ERYC

Dear Nigel,

I was made aware that Cllr Harold held a public meeting last night regarding Lakeminster Park.  Ironically, this was on the day I received a Press Release regarding Lakeminster Park Ltd and their ‘right to appeal’ Judge Pelling QC’s ruling of 14th April 2015 which struck out Lakeminster Park Ltd and Alan Coates’ appeal claim.

My source tells me that Gosschalks have lodged a claim on behalf of the residents against the developer of Lakeminster Park for £5 million plus costs.

If the appeal is won then it would stand to reason that the developer will sue the council for losses in excess of £5m which with aggravated damages etc could escalate to a figure approaching £10m or more.

Can you or Diane Hayden advise what provisions have been made to mitigate this potential cost, for example, do you have a CFA or ETA agreement/policy in place?  The council has a ‘duty of care’ and a ‘duty of candour’ to explain what is happening.

Finally, could I request that the information on the ERYC website in relation to Lakeminister Park is update to reflect the latest developments?

Regards,

Cllr Andy Strangeway

Pocklington Provincial Ward

Probity In Public Office

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