European legal challenge to Life Centre
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.
Comment on this story