European legal challenge to Life Centre

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Monday, January 05, 2009
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This is Cornwall

CAMPAIGNERS are planning a legal challenge in Europe claiming the inquiry which approved Plymouth's Central Park masterplan and £44million Life Centre breached human rights laws.

The Herald has learned the Friends of Central Park is considering launching a challenge in Strasbourg's European Court of Human Rights.

The charity would claim the inquiry into the Central Park Area Action Plan, which includes the proposed Life Centre as its centrepiece, was not a fair hearing.

It would have to challenge Government inspector Douglas Machin's approval of the plan under Article Six of the European Convention on Human Rights.

This says a fair hearing must be made in public 'before an independent and impartial tribunal'.

In November the Friends group lodged papers with the High Court in London, calling for a judicial review of Mr Machin's decision.

Procedural problems meant the papers were returned by the court, but the organisation told The Herald it would resubmit them.

However, making such a challenge would be expensive, and the Friends group is understood to prefer the cheaper European option, although not ruling out a High Court challenge in the UK.

Friends of Central Park spokesman Lee Finn said: "We are looking at the most cost effective route.

"Judicial review would cost thousands of pounds, and if we lose we are liable to costs."

But he stressed: "Nothing has been ruled out or in. There will be further meetings to find a cost effective path to obtain justice."

Under the convention, any person who feels his or her rights have been violated by the state can take a case to Strasbourg.

The court's decisions are not automatically legally binding, but it has the power to award damages.

Mr Finn said victory in Europe would 'leave the Government in a difficult position'.

Mr Machin declared the action plan sound in July following a day-long public examination the previous month.

It was adopted by Plymouth City Council in September.

But the Friends group, concerned about the impact the Life Centre would have on green space, listed 'grievances' which it said are grounds for a legal review.

It is claiming the inspector did not have all the relevant information needed, including details surrounding planned developments at Plymouth Argyle's Home Park stadium and at Marjon's sports centre, in the north of the city.

Mr Finn said the group felt its objections were not heard and the only option was for a legal challenge.

"Once the action plan is passed it is effectively giving outline planning permission," he said.

Even objections at the planning stage would not be listened to, once the area action plan was passed, he claimed.

The area action plan, which covers the next 15 years, includes the Life Centre, improved park-and-ride, paths, cycle routes and a remodelled corner at Outland Road and Peverell Park Road.

It also allows for homes to be built around the terraced streets at Pennycomequick.

The Friends group stressed to The Herald it is not against the Life Centre in principle, but concerned about the environmental impact.

But Mr Machin, in his report, said he was satisfied the area action plan met government planning objectives, and no changes were needed.

The council declined to comment on the Friends' current plans, but has stressed it carried out 'extensive consultations' with the public.

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  • Profile image for This is Cornwall

    by Graham, Plymouth

    Tuesday, January 06 2009, 1:15AM

    “I think that the Life Centre should go ahead and these people should consider that the new develpment would enhance the park and make it a more attractive place to be, alot better than what is there at the moment,”

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    by Green Machine, Plymouth

    Monday, January 05 2009, 9:10PM

    “The city desperately needs this centre as all of the sports facilities in Central Park have remained relatively untouched for 20 years. As for building it on "green space" have these friends of central park forgotten that we live next to Dartmoor??? If they want to keep it that much i'll give them a hand to move the dump out onto a nice free space of the moors. As they have nothing better to do than moan about progress I assume these people dont have jobs or life's and surely have free bus passes to get out there as part of a european scheme (or should that be scam)!!”

  • Profile image for This is Cornwall

    by Micky, Keyham

    Monday, January 05 2009, 8:59PM

    “"Do you really think you are speaking for the majority? Get out of the way and stop being so selfish!" -- Certainly they do more than you appear to be able to - baaaa, baaaa, Sean, baaaaa...”

  • Profile image for This is Cornwall

    by sean, Kingston

    Monday, January 05 2009, 8:45PM

    “What a miserable bunch of cynics here - as usual! this is part of why Plymouth is so far behind every other town of its size. Short-sighted fears and self-interest getting in the way of what would be a fantastic and much facility for Plymouth. The city needs investment. it attracts more investment and more people - exactly the growth that's neded to take the place forwards. Those delaying this should be embarrassed. Do you really think you are speaking for the majority? Get out of the way and stop being so selfish!”

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    by Snivelling Pete, Ford Park

    Monday, January 05 2009, 6:18PM

    “Anything which blocks this abomination is worth supporting.”

  • Profile image for This is Cornwall

    by Micky, Keyham

    Monday, January 05 2009, 5:38PM

    “I meant to ask those that know - is the marketing term "Life Centre" as empty as the term "New Labour"? Or is it emptier still than "Things can only get better"?”

  • Profile image for This is Cornwall

    by johnno, pennycomequick

    Monday, January 05 2009, 5:23PM

    “Do the university of Plymouth Still want to put £3millon towards the £24million plus that its going to cost to build this life centre ,so there students have free access to the centre ,one more point the friends of central park are not against a life centre , they think central park is not the right place to build it , if this project goes ahead the present swimming pool will be demolished , what is the point of building one pool and knocking down another ,
    Also what happened to the Tory promise .. we will not develop on Central Park”

  • Profile image for This is Cornwall

    by Melanie, United Kingdom

    Monday, January 05 2009, 4:01PM

    “i agree with chris, the city needs the life center now. i do think the ordinary person will be priced out of the water when free swimming for pensioners comes in. look what it's done to the bus services.”

  • Profile image for This is Cornwall

    by Micky, Keyham

    Monday, January 05 2009, 3:29PM

    “"Life Centre"?! That should be "get a life centre" - and it should be based at the Civic Centre.
    Count Manfred von Beck, you have this just right - not that the shameless will be reading these comments, not with their media buddies moderating peoples thoughts for them...”

  • Profile image for This is Cornwall

    by Sam, Milehouse

    Monday, January 05 2009, 3:27PM

    “The friends of central park werent there protecting it when me and my partner were making love on there benches on thursday night its good for the city and good for the community”

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