WINCHESTER campaigners have been dealt a blow after a judicial review appeal was rejected.
The Friends of River Park have been battling plans by Winchester City Council to dispose of part of River Park and the River Park Leisure Centre to Southampton University.
They argue that the whole park was given in trust to the people of Winchester in the early 20th century and should not be sold to a private institution.
Cllr Martin Tod, leader of Winchester City Council made the announcement at the cabinet meeting on February 9.
Cllr Tod said: “Last Friday Lord Justice Lewison rejected permission to appeal to the applicants, rejecting the accuracy and legality of all the claims made. So now, after the rejection of the applicant's case by three separate judges on three separate occasions, the judicial review process relating to the former leisure centre is now at an end. Lord Lewison ruled that the case had so little prospect of success that it was not worth the court of appeal's time to even hear it.
“His ruling makes clear the processes the council has put in place since the very beginning of the project to protect both the green space and the public interest are real and substantial and not as described by the applicants. The good news is that this now unblocks the project and we can move forward to the consultation process that we and the university promised as far back as November 2021. I will be coming back to you shortly with more details of this.
“This administration is committed to tackling the derelict and rundown areas of our city as part of our positive plan for our city and district's future. But we're also committed to the nature and heritage that makes our city so special. We remain absolutely committed that this project will deliver on both of those priorities.”
Rose Burns, on behalf of Friends of River Park, said: "The attempt by Friends of River Park, with considerable public backing, financial and otherwise, to challenge the council’s decision to dispose of land that was acquired over 100 years ago specifically for public recreation, has been turned down by a judge before it could get to Judicial Review. That judge believes the council’s promises when their barrister says it will behave properly, and not flout the law as he acknowledges it did when it first failed to advertise the sale. As a result of the Friends’ legal challenge, the council has committed in court, and in writing, to act lawfully from now on.
"In response to Cllr Tod, the Friends say that we hope he is faithful to his promises and that the risk of substantial environmental damage from whatever happens at River Park is made a priority consideration – and that the redundant Leisure Centre will be demolished quickly before it deteriorates even further, making it even more unsafe and subject to more vandalism.
"Winchester residents deserve the opportunity of putting forward alternative, viable, desirable uses for the River Park site. The only way of securing this is to stop the Council’s misguided plans. Friends of River Park invite your support for our continuing challenge: justgiving.com/crowdfunding/friendsofriverpark."
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