Government ducks Falmer court battle

10.43.28am UTC (GMT +0000) Thu 5th Oct 2006

John Prescott's discredited decision on the proposed Stadium at Falmer will not now be reviewed in the High Court. Government lawyers have this morning sent a letter giving assurances that all the points in the legal challenge will be considered when the planning applications go back for re-determination to the new Secretary of State, Ruth Kelly.

Falmer Parish Council, the South Downs Society and Lewes District Council have accepted the Government's assurances, which means that their joint legal challenge need not now proceed to a Court hearing.

Lewes District Council lead councillor for Planning David Neighbour said:

"We won't pursue this now that the Government has caved in. It's just a shame that these assurances were not given months ago.

"We knew that the High Court would quash the decision because the Government's lawyers had already admitted it was flawed on one key point, which Mr Prescott used repeatedly to justify his decision."

"The costs incurred to date will be met by the Government, because their lawyers have admitted Mr. Prescott's decision was fatally flawed.

"John Prescott's decision flew in the face of recommendations from Senior Planning Inspectors. The first Inspector who conducted the inquiry reported to John Prescott that the case against building the Stadium at Falmer was "overwhelming". John Prescott disregarded his own inspector's conclusion when he issued his decision."

Brighton & Hove Albion Football Club's separate application to the Court for a half-hour procedural hearing on 4th October 2006 was always premature and pointless - a waste of time and money.

The new Secretary of State Ruth Kelly will now write to all the parties inviting them to make representations on the issues. She must take those representations into account before she reaches a decision.