John Prescott's decision to grant planning permission for a new football stadium at Falmer is to be challenged in the High Court because it conflicts with his own government's planning guidance designed to protect Areas of Outstanding Natural Beauty against this sort of development and because a number of important planning issues were either overlooked, or were not properly considered.
Before deciding to challenge the decision, the Cabinet of Lewes District Council took independent legal advice from a barrister. They also took account of the fact that two independent and highly experienced Planning Inspectors recommended against the Falmer site.
The District Council has never argued that the Albion should not have a new stadium and believes there are alternative sites available which are more suitable for this development.
Because the matter will now be subject to a decision of the High Court, the District Council does not intend to issue any further statements at this stage, whether oral or written.
There is likely to be a preliminary hearing before a High Court judge in the next few weeks to determine if there is a case to answer. That process in itself does not cost much or involve much risk.
Tim Carder, Chairman of Brighton & Hove Albion Supporters Club released the following statement:
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"The stadium's opponents have been threatening the Government with court action for several years now, but they have several hurdles to overcome yet. It's a comparatively cheap and easy procedure to apply for a preliminary hearing in the High Court, but they have to convince a judge that they have legitimate grounds to take the process further to a full hearing.
"Should they succeed then the potential cost of challenging the Government will start to rocket. Having already spent more than £207,000 on the public inquiry, I do hope that the district council will debate the commitment of further considerable public resources openly and in front of their electors, because I know there is a large majority of people within their area who would resent such expenditure.
"And, in the unlikely event that they managed to show that the Government's decision process was flawed, the judge could only require the Deputy Prime
Minister to reconsider his decision; he would not be required to reverse it, so the stadium is still going to be built.
"I can only conclude, therefore, that Lewes District Council is seeking to delay the building of the stadium in the hope that the Albion go under for financial reasons. Despite the lip-service paid in their statement to the need for a new home for the club, it's obvious to me that they are anti-Albion and would be happy to see the club go out of business. David Bellotti, Norman Baker and Lewes District Council: what is it with Liberal-Democrats?
"Fortunately the club - the board, the staff and the supporters - are strong and are as one on this. There might be more delay and uncertainty, but we will come through this, just as we have with every other obstacle put in our path over the last decade.
"I hope everyone living in Lewes District will make their views known to their council. I have absolutely no doubt that we will win this final battle because we are united and we have right on our side."