The Friends of Finsbury Park have now sent a pre-action letter to Haringey Council and Wireless Festival organisers setting out the grounds for judicial review of the Council’s decision to allow the Wireless Festival. The Council have until 27th April to respond failing which judicial review proceedings will be brought.
After meeting with our legal team last week, we are confident we have a very good case which raises several issues that highlight Haringey Council’s seemingly endless failures to carry out lawful consultation, whilst also ignoring relevant legislation put in place to protect the Park.
From the original eighteen page document sent out today, the grounds for judicial review notified to the Council are:
(i) Having chosen to carry out consultation on the proposal, the Council failed to carry out the consultation lawfully since consulters were denied access to the application, were not provided with sufficient information or time to make an adequate response and were positively misinformed about the proposals.
(ii) The Council failed to deal with the application as a key decision (including in advance publicity) and to record the decision and to make the officer report, decision and background documents available as required by the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, regulations 8 to 1.
(iii) The Council’s decision to close part of the Park for the purposes of the Festival is unlawful since it contravenes:
- (a) The restriction upon the size of the area which may be closed under Article 7 of the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (“the 1967 Act”)
- (b) The restrictions on the duration for which a park may be closed to the public, in whole or in part, in section 44 of the Public Health Amendment Act 1890 (“the 1890 Act”)
(iv) The Council failed to have regard to a relevant consideration, its own Finsbury Park Management Plan, and that the number of persons attending the event exceeds the limits in that plan.
Our crowd funding campaign has now raised over 25% of our funding target! We still need more money as the case progresses to judicial review so please donate on: https://www.crowdjustice.co.uk/case/save-finsbury-park/
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