CRYSTAL PALACE Community Association have won the right to take their objections to the Masterplan for Crystal Palace park to the Court of Appeal.
At an oral hearing in The Royal Courts of Justice on October 31st Lord Justice Lewison granted the CPCA permission to be heard in The Court of Appeal before three judges, probably early next summer.
CPCA barrister Robert McCracken QC said it was encouraging that the judge found merit in two arguments against approval of the Crystal Palace Park Masterplan, in granting the CPCA permission to appeal.
These arguments were;
Firstly, it was unlawful to consider the Masterplan under outline planning permission, as the development proposed cannot, by law, be the subject of outline planning permission.
Secondly, that the raising of funds for a project is not a reason for overriding public importance in the context of the protection of bats under European Union law, where it is not lawful to justify an adverse impact on bats by claiming that the element of the project that will cause the harm is needed to raise funds for the project as a whole.
CPCA chairman John Payne said there is massive interest in the outcome of this court appeal, which may impact on all UK parks and open spaces.