At last, the Hampton Court Rescue Campaign is able to report excellent news about the troubled 'Jolly Boatman' development, opposite the world famous Palace at Hampton Court.

Gladedale Homes, the owner/developer of the 'Jolly Boatman' site, has finally accepted Historic Royal Palaces' generous offer made last February, to landscape the well known riverside eyesore in preparation for the long list of prestigious 2012 summer events being hosted by the Palace.

HRP’s plan is to create a landscaped, recreational riverside space beside Hampton Court Railway Station, a recognised Olympic travel-hub and gateway to Surrey. The worldwide Media spotlight of the Olypmics has given traction to an urgent search for a solution to the long-standing bomb-site. HRP's proposals will bring to an end the amplified embarrassment and humiliation that Elmbridge Borough Council would have endured had the ‘Boatman’s dilapidation been allowed to continue throughout the summer months.

A recent BBC interview with HCRC's Ray Townsend:

In a statement released by Gladedale Homes on Friday, it stated

"Gladedale have decided to work in partnership with Historic Royal Palaces to improve the appearance of the Jolly Boatman/Hampton Court Railway station site in readiness for the Olympic celebrations and other important events taking place in the summer. Works will include the laying of turf, importing trees and plants and erecting a low level perimeter fence"

HCRC would like to thank the Trustees and Directors of Historic Royal Palaces for putting forward their much appreciated proposals. The project and its funding will benefit the many thousands of visitors, from at home and overseas that are expected to attend the summer's special celebrations for Her Majesty's Diamond Jubilee and the 2012 Games, centred at the Palace.

SHOCKING RAILWAY STATION SLUM AN INSULT TO 2012 PALACE SPECTACULARS

Historic Hampton Court Railway Station, identified by Elmbridge Council as an 'Olympic travel hub' is at the end of the line for the crowds of visitors from London to Hampton Court Palace this summer. The hosting of the prestigious Olympic cycle races, Her Majesty's Diamond Jubilee river cruise and the annual, world-famous Flower Show will see all-time record passenger numbers flooding into Hampton Court from all over Britain and overseas.

Situated at the gateway to Surrey, and only a stone's throw from the magnificence of the Tudor Palace complex, the Railway Station by contrast, is nothing short of an embarrassing disgrace. For over 20 years, Surrey rate-payers have endured the continuing dereliction of the Station buildings. Now, with the impending arrival of the huge spectator numbers predicted for the 2012 events, the publicly funded Network Rail must restore this high-profile Station to look less like a neglected slum.

Judge for yourself. Click open HCRC's new rolling video from the site and please post your own comments on YouTube.

HCRC wants Network Rail to explain how other Stations, like Windsor and Eton Riverside for one, have been fully restored to reflect their historic standing while Hampton Court Station has simply been left to crumble.

Elmbridge Council, Surrey County Council, Transport for London and LOCOG combined, must hold Network Rail to account and press for immediate remedial action. There is so little time left before a world audience will be watching the events hosted at Hampton Court Palace.

But there’s more. There is still no news from Gladedale Homes (the developer owner of the adjacent 'Jolly Boatman' bomb-site) as to whether it will be accepting the parkland make-over offer, generously funded by the Palace, as reported in our last bulletin. Given the state of the 'Boatman' site, Elmbridge's plans for hanging-baskets, extra roadside plantings and 'Welcome to Elmbridge' signs are truly risible and totally inadequate. Because the Station and 'Boatman' sites are adjacent, a scheme which complements the whole riverside for the additional pedestrian traffic must be found.

If you missed it, look at the HCRC/BBC interview video below and again, please post your own comments with YouTube. If you have difficulty opening these videos, please copy and paste the links into your internet browser.

Copyright BBC, 2012

So far Network Rail has been allowed to get away with only the barest investment in the Station. Now that Surrey is coming within a global Olympic focus, a bit of sticking-plaster will not do. If you feel we are all being let down on this, please add your voice to the lobby for real improvements for a better-looking Station in this important year. Post your comments via the youtube links or use the HCRC's web forum and for best effect,send your copy direct to Councillor John O'Reilly, Leader of Elmbridge Council, at joreilly@elmbridge.gov.uk

HCRC can report that Historic Royal Palaces has offered a generous solution to the continued dilapidation of the privately owned 'Jolly Boatman' site by Hampton Court Station, For years, this half-acre development site, that lies directly across the Thames from Hampton Court Palace, has been left in disgraceful dereliction, but as the 2012 Olympics draw near, the 'Boatman' eyesore has become Surrey's 'hot potato'.  

The site, at the gateway to Elmbridge Borough, overlooks Hampton Court Palace which will be the host for the last leg of the Olympic Torch relay, and the start and climactic finish of the Cycle Race. But for the huge crowds that are expected and for the global TV coverage, the rubble-filled, fly-tipped site will form part of the Palace's foreground.

But all is not lost. An approach has now come directly from Historic Royal Palaces to the site's owner, the house builder, Gladedale Homes. The Palace has offered a makeover, clearing and landscaping the site and, at its own cost, opening up the space to planted riverside parkland. This plan has been enthusiastically welcomed by HCRC supporters and county-wide residents who at last see a way of improving the views around our world-famous Palace. For many years, local communities have been hoping for an opportunity to help with the clear up. The Palace's plan will be met with the considerable support and involvement of volunteers from both sides of the Thames.

Gladedale has proposed the erection of hoardings around the perimeter. However, an earlier attempt by a previous owner to screen off the site was turned down by the Planning Inspector in 2001, who judged that the hoardings would impede the views to and from the Palace. Moreover, hoardings would fail to screen the ruin inside the site from aerial TV coverage, planned to follow the entire length of the Cycle Route.

HCRC sees the Palace's gift to Elmbridge, her opposite Borough, as an extremely generous undertaking. We wait for an equally positive response in support from its Council Leader and Officers. HCRC also hopes that when the crowd-control planning for the Railway Station, the Lutyens bridge and the 'Boatman' obstacle is studied, the proposed open space will be considered of immeasurable benefit to visitor management and an enhancement to the Olympic experience.

HCRC hopes to report that Gladedale will accept this significant offer from Historic Royal Palaces and that work will get underway to improve the views of this showcase Tudor location.

HCRC thanks everyone for their continued support.

Original article

HCRC thanks LPGT for publicising the Jolly Boatman as a landscape at risk. Chris Sumner, Chair of LPGT's Planning & Conservation has reviewed the English Heritage 'Heritage At Risk Register' for London parks and gardens and has recommended that the Boatman be added as a site for concern.

LPGT has long objected to the proposed comprehensive development of the riverside site at Hampton Court, and HCRC is grateful for its focus at this sensitive time.

A meeting of the full Elmbridge Council is scheduled on Wed, 6th Dec. when Councillors will vote to ratify revised policies for the Borough's conservation areas. Invited for comment, as part of an East Molesey/Hampton Court working group, HCRC has made strong, sound, considered recommendations to Elmbridge planning officers in an effort to fortify the conservation protection of the historic railway Station and adjacent riverside JB site. HCRC has seen the Officer's report prepared for Councillors on Wednesday, and notes that its recommendations have been totally ignored.

In advance of the meeting, Brian Rusbridge, HCRC co-chair, has sent a letter to the Chief Exec of Elmbridge Council, asking for a deferral of Wednesday's decision while the working group's comments are explored more fully. The full text of the letter is attached.

HCRC can now confirm that Keith Garner, with unshakable resolve, is to press his case against Elmbridge Borough Council to the highest level, the Supreme Court of Appeal. Given the sensitivity of the historic riverside setting of Hampton Court Palace, his legal team will continue undaunted with its legal challenge of Elmbridge's misguided approval of the monstrous redevelopment plans for the Tudor Palace site.

His case focuses on EBC's failure to comply with obligations laid down in the Planning Act that advocate paying 'special regard to the desirability of preserving the building or its setting, or any features of special architectural and historic interest'. Courageous Mr Garner expects that his leave to appeal will be heard in October.

Recent remarks made by the Leader of the Council , blamed those opposed to the scheme for having forced the Borough to unnecessarily spend £90K of its budget on legal bills. In fact, EBC spent a portion of this money unsuccessfully defending itself against the decision by the Government's Information Commissioner to release to the public, previously withheld secret financial documents. That said, HCRC maintains that if it takes £90K to overturn this badly-handled, ill-judged planning decision and rid Elmbridge of this eyesore of a scheme at Hampton Court, then it is money well spent.

However, it is clear that the case cannot continue without more financial assistance from supporters and residents. Keith regretfully reports:

“ the appeal depends on us raising further funding as our war chest is now depleted.”

HCRC works tirelessly to deliver funding, but more is needed.

Do we allow this huge development to go ahead, with the permanent loss of the precious heritage setting at Hampton Court Palace, enduring the traffic chaos, the impact on our local communities and increased flood risk, OR DO WE STOP IT? Please, support our efforts to oppose this development.

HCRC sees Keith’s sustained court case, the withdrawal of the Royal Star and Garter Home from the joint venture, and a recession-hit housing industry, as the perfect climate for EBC to reconsider, collaboratively, its plans for the riverside site, especially under the spotlight of 2012.

SUPPORTERS, PLEASE DIG DEEP

to help raise funds to preserve and safeguard the future of our treasured listed monument and its historic landscape.

Your most welcome contributions can be made payable and sent to the “Hampton Court Rescue Campaign”, HCRC, c/o The Lodge, 29, Palace Road, East Molesey, KT8 9DJ,

or by electronic transfer to: Hampton Court Rescue Campaign Account, HSBC Bank, 34 High Street, Walton on Thames, Surrey. KT12 1DD, Sort Code 40-45-22 Account Number 31507893

HCRC thanks you for your continuing support and generosity, and your donation is hugely appreciated.

“I am filled with admiration for your struggle " wrote Dr David Starkey, influential Tudor historian, writer and broadcaster on the eve of Keith Garner’s appearance in the Court of Appeal.

HCRC has learned over its long 6 year battle to save Hampton Court Palace's unique historic and treasured landscape, that it is unwise to predict the outcome of planning decisions. This was borne out at the Court of Appeal last Thursday and Friday.

A whole day and a half of costly Court time was expended yet again, in an attempt to unravel the ambiguities of the response from English Heritage to the Hampton Court Station and riverside development proposals on which Elmbridge Council's Planning Officer (who recommended the scheme for approval) had so heavily relied.

With surprise and profound regret HCRC supporters heard the Judges, the Lord Justices, Pill, Toulson and Sullivan, uphold Mr Justice Ouseley's previous judgement, ruling that the case against Elmbridge be dismissed.

The case was returned to the Appeal Court last week to challenge whether Elmbridge Borough Council had, in regard to Hampton Court Palace, a listed monument, complied with its statutory duty to pay 'special regard to the desirability of preserving the building or its setting, or any features of special architectural and historic interest' as set out in Section 66 of the 1990 Planning Act. Their Lordships recorded that there was a 'conspicuous absence' of reference to section 66 in the Officer's report, but that its guidance was implicit in the Planning Brief that framed the original proposals.

"I am disappointed and not a little surprised at the way the hearing went," Mr Garner remarked after the Hearing. "I thought our QC did very well to put his points across. But the Judges seemed to have made up their minds. Nothing Richard could say seemed to influence them in any way".

In no doubt whatsoever is Mr Garner's continuing commitment to seeing his challenge through, and HCRC understands that the next stage will be to seek leave to appeal to the Supreme Court, on the grounds of 'public interest'.

The Appeal was the culmination of months of work by Keith Garner's legal team, Richard Buxton Assoc., of Cambridge. Facing the legal teams of both EBC and Network Rail, Richard Drabble, QC for Mr Garner, dealt confidently with the major issue of contention that the opinions of English Heritage have caused 'so much confusion'. Sadly, he was unable to convince their Lordships to overturn the decision. The public might reasonably ask but find it extremely regrettable, that English Heritage did not think it helpful to clarify its views earlier in the planning process, so that these deliberations might have been avoided.

Mr Garner is owed a huge debt of gratitude for his unerring perseverance and self sacrifice in trying to safeguard the future of Hampton Court Palace and the Molesey river scape. HCRC now waits to learn whether his leave to appeal the decision in the Supreme Court will be granted.

Finally, HCRC would like to thank supporters for their many and welcome messages of encouragement.

This Thursday and Friday 23-24th June, Keith Garner presses on with his legal challenge. Undeterred, he is presenting his case to the Court of Appeal in London, in a bid to overturn a previous High Court judgement dismissing his case against Elmbridge Borough Council that gave its approval to controversial plans for a massive development at Hampton Court Station, opposite the world renowned Palace.

Dr David Starkey, the influential Tudor historian, writer and broadcaster, wrote in recent correspondence to Mr Garner

“I am filled with admiration for your struggle and I wish you well at the appeal on 23-4 June, with the best of luck".

HCRC will be at the Court to support Keith for the duration of the case and would welcome the company of fellow supporters. However, if you are unable to attend, the result will be sent by e-bulletin as soon as we get the Judges' decision.

Fingers crossed.

HCRC is very happy to relay the news that Keith's legal team has been successful in its application to appeal the High Court's decision that dismissed his legal challenge in January.

Hence, the legal case against Elmbridge Council over its approval of the highly unpopular development of the riverside site opposite Hampton Court Palace, will continue.

The case has been scheduled to be heard in the Court of Appeal on the 23rd and 24th June 2011.

HCRC would like to use this opportunity to congratulate Keith and his legal team for their dogged determination to preserve and safeguard the future of the Palace and Thames landscape, and to thank supporters for your continued encouragement.

An open letter to the leader of Elmbridge Council from Brian Rusbridge CBE and Prof. Bryan Woodriff.

An open letter to the leader of Elmbridge Council from Brian Rusbridge CBE and Prof. Bryan Woodriff.

Concluding his Judicial review at the High Court of Elmbridge’s questionable approval of plans for a development at Hampton Court, the judge, Mr Justice Ouseley has today published his long-awaited judgement.

It is with extreme disappointment that HCRC reports that the Judge has dismissed the legal challenge.

The legal case was bought against Elmbidge Borough Council by Keith Garner, a Battersea architect. He challenged its Planning Authority’s approval of Gladedale’s comprehensive redevelopment of Hampton Court Station and riverside, opposite Hampton Court Palace.

To his immense credit, Mr Garner championed this lengthy legal action at his own personal risk and HCRC supporters are immeasurably grateful for his achievements.

Please see Keith Garner’s Press statement in full: http://www.kgarch.co.uk/jblegal/press_statement_31-01-11.htm

Despite the conclusion of the legal challenge, HCRC will maintain its pressure on the Council to find a solution for the site which offers greater community benefit and preserves its historic sensitivity.

The campaigning will continue.

It has now been a tense month since the conclusion of the Judicial Review hearing in the High Court and still HCRC supporters anxiously await the result. The minute the Ruling is published, HCRC will send out an e-bulletin and this website will carry the news.

Until then, thank you for your concern and continued patience.

Keith Garner’s legal challenge against Elmbridge Council’s approval of plans for the Hampton Court Station site finally got underway on Thursday morning; the 28th October 2010 at the Royal Courts of Justice in the Strand and closed on Friday afternoon.

The two planks of argument were whether Elmbridge had attached enough weight to the historic and heritage significance of the area that surrounds Hampton Court Palace and, whether accepted Government guidelines had been correctly adhered to that limit development on the Floodplain.

There followed two full days of legal argument, from the claimant Mr Garner’s own QC, Richard Drabble and from the two separate defence teams acting for Elmbridge Council and Network Rail.

A, as Mr Justice Ouseley has chosen to defer his decision for deliberation. Keith’s legal team will be informed as soon as the result is known and published by e-bulletin to the HCRC database and posted here on the website.

The Chairman of The Royal Star & Garter Homes announced today that the Charity, with great regret, has decided to withdraw from the Hampton Court Station site development where it had hoped to build a new care home for disabled ex-Service men and women.

The site at East Molesey had been selected after the Charity carried out an extensive search in Richmond and the surrounding areas, and Elmbridge Borough Council passed a resolution to grant planning permission following an extra-ordinary meeting of the full Council in December 2008.

Unfortunately, despite the Council’s approval of the development over 18 months ago, opposition to the scheme has continued and it has been the subject of a Judicial Review which remains unresolved to this day. Following an endless series of delays, the Charity’s Board of Governors had hoped for greater clarity regarding an eventual outcome at the latest Administrative Court hearing in July; however, this hearing has now been delayed until the autumn by related arguments being played out in the Appeal Court.

In view of the continuing uncertainty about whether the development will be able to progress, the Board has decided, after very careful consideration, to exercise its option to withdraw from the scheme.

Chairman of the Charity, Vice Admiral Sir John Dunt, said “This was a very difficult decision which was not made lightly. We had high hopes for this site where we planned to open a much- needed new, modern care home for disabled ex-Service men and women. The delays and disruption resulting from the Judicial Review process, and the continuing uncertainty about the outcome of the planning process means that we have no certainty of when development can be brought forward on this site. This is, of course, very, very disappointing for our residents and for our staff and supporters, but I and my fellow Governors have a duty to ensure good governance of this wonderful Charity and we unanimously believe that the proper course of action for us to undertake now is to find a new site and begin building our new home as soon as possible.”

The Charity is in the process of implementing a development strategy to create three purpose- built care homes in which it can provide 21st Century state-of-the-art care in modern settings. The Charity is committed to continuing to provide the highest quality of nursing care in these new homes, and is currently developing critically needed dementia care services and some provision for young Service personnel injured in recent conflicts.

Mike Barter, Chief Executive of the Charity said, “The seemingly endless uncertainty surrounding the Hampton Court station site has become unsustainable and it would be irresponsible for us to continue holding on to this project when there is no solution in sight and every possibility that there could be further significant legal delays. This is of course a very unwelcome setback, but we are determined to progress our plans for an additional two new homes, in London and Buckinghamshire, as quickly as possible. They will emulate the great success of our award-winning Solihull Home, opened in 2008, where we are providing the best nursing and dementia care to ex-Service people in superb surroundings, as well as offering support to younger Service personnel”.

Ross Brodie, Divisional Managing Director at Gladedale, the developers of the site said, “We are of course disappointed that The Royal Star & Garter Homes have decided to withdraw from this development but we fully understand and appreciate their position, given their charitable status and the continuing delay and uncertainty. We have enjoyed an excellent relationship with the Charity and we wish them every success in finding a suitable site for their much needed modern new home.”

11 June 2010

Court victory means the legal battle against the development at Hampton Court Station inches forward.

Keith Garner’s legal challenge against Elmbridge Council inched forward in the Court of Appeal on Thursday 10th June.

Mr Garner appealed against the previous High Court ruling by Mr Justice Nichol which refused him his application for a Protective Costs Order (PCO) that would cushion him against prohibitive legal costs, estimated at £60K.

Convinced by legal argument, Appeal Court Judge, the Lord Justice Munby, overturned the previous decision, thus granting Mr Garner permission to make his application for a PCO.

With the removal of this serious legal obstacle, Garner’s fight against Elmbridge Council’s planning approval of the locally and nationally opposed Thames-side development is back on track.

The application for a PCO will be heard in due course but the Judge asked that the main Case for Judicial Review should be deferred from its hearing in July to sometime in October.

The Hampton Court Rescue Campaign has profound admiration for Keith Garner’s persistence and applauds this victory and will continue to lend him every possible support.

Keith Garner is invited to speak at the Molesey Residents Association AGM.

Local residents will already know of the Molesey Residents Association AGM planned for this Friday, 26th March in Mole Hall, at 8.00pm.

In relation to the disputed issue of the Jolly Boatman development, the MRA has kindly extended an invitation to Keith Garner to speak briefly about his legal challenge against Elmbridge Council in the High Court.

Attending the meeting, will offer an opportunity for HCRC supporters to show him their appreciation and hear for themselves how his case is proceeding. It will also show Mr Garner how much support he has from the residents of Molesey for his heroic undertaking.

HCRC Committee hopes that you can join with them to show Keith every encouragement.

‘Ordinary Joe’ decides to fight on, paving the way for the The legal challenge against Elmbridge’s deeply unpopular approval of the plans to redevelop Hampton Court Station began at the High Court last week.

The 2 day preliminary hearing, determined whether Keith Garner, the Battersea architect had sufficient ‘standing’ to continue his case and crucially, whether a Protective Costs Order (PCO) would be granted by the Court to cushion him against prohibitive costs. Mr Smith, the Claimant’s Barrister, pleaded to the Court that Mr Garner was just an ‘ordinary Joe’ taking on the combined might of the Local Authority, a national housing Developer and Network Rail.  Despite this, Mr Justice Nichol unexpectedly denied Mr Garner’s claim for a PCO.

HCRC can report that following the Judge’s ruling and in close consultation with his legal team, Mr Garner will appeal the PCO award scheduled for the end of March and proceed with his legal challenge.

So, Molesey ‘s Champion stands firm and his Case remains, however it will be the absence of a PCO that will be the weakness, so funding must be sourced.  

Professor Woodriff, HCRC Co- coordinator commented  “The battle should go on.   Adequate funds must be found.   Mr Justice Nicol's finding on PCO must be challenged on appeal”.

Mr Garner is willing to carry the case forward, but without contributions from Molesey residents his Court costs cannot possibly be met. HCRC urges residents to give the courageous Mr Garner their fullest support.

To make a donation to Mr Garner’s ‘Jolly Boatman Legal Challenge’ go to

http://www.kgarch.co.uk/jblegal/

HCRC appreciates your continued support.

News Bulletin January 2010

Jolly Boatman Moves to Downing Street

Keith Garner has created an on-line petition on the 10 Downing Street website which appeals directly to the Prime Minister. With every CLICK the Jolly Boatman issue will be brought closer to an intervention by central Government.

Every CLICK counts.

The Legal Battle Continues

The legal wrangling continues for Battersea architect, Keith Garner. He is bravely pursuing a private legal action to seek a judicial review of Elmbridge Council’s controversial decision to give the go ahead to the Jolly Boatman and Hampton Court Station redevelopment.

The case has now been reviewed by Deputy High Court Judge, George Bartlett QC and his initial considerations are now published. The Judge has identified that Elmbridge Council  ‘were required to have special regard to the desirability of preserving the setting of Hampton Court Palace’ but has ‘failed to weigh properly the relevant policies and other material considerations’, and that the Officer’s report was in error by having ‘failed to address this important issue’.

The Case is Delayed by a Technicality

However, the Judge regrettably questioned Mr  Garner’s eligibility to fight his case, observing that, although he submitted an objection to the first set of plans, stating his clear opposition to the general principle of development on the site, he had not objected to the later, redesigned scheme, thus compromising his ‘standing’.  The absence of his second, written objection has meant a delay in proceedings while this precise point is argued.

Garner adds:  “I have asked my solicitors to renew the application for judicial review so that the question of my 'standing' can be considered further.  However, I don’t think Elmbridge should be hiding behind the technicality that I haven’t been given 'standing' so far.  They shouldn’t be wasting council tax payers’ money in this way.”  

HCRC can confirm that Mr Garner has had a continuous involvement with the Jolly Boatman affair since 1995, working alongside MPs Vince Cable and Ian Taylor in his steadfast resolve to resist any development of this sensitive site. It is difficult to accept that his ‘standing’ could be called into doubt.

Please Support Keith Garner's Courageous Stand

It is clear from his efforts with the 10 Downing Street petition that he is strongly committed to proceeding with his case. Garner believes it to be not only an important community issue, which embraces the views of Historic Royal Palaces, the Hampton Court Rescue Campaign and countless other professional bodies and individuals, but also one of National interest.  HCRC is keen to assist him in his courageous endeavour and is pleased to provide a link to his website below.  Here his case can be followed in greater detail and crucially, donations or pledges made to his fighting fund to get his action off the ground.

http://www.kgarch.co.uk/jblegal/

It is customary for legal matters to take time, but HCRC will report his and other Campaign news as the Elmbridge challenge progresses.

Has Development Work Started Already?

The recent kerbside repairs at the Station alarmed some residents into believing that work had already started. But in answer to the fears locally that the bull-dozers would soon be moving in, Elmbridge Planning Dept. still has approvals to grant before a go-ahead.

This is because the final part to the Application, the Decision Notice, granted on the 16^th June 2009 is very demanding. Nearly every condition therein insists on approvals being obtained in writing from the Local Planning Authority before any work commences on the site. e.g. Drainage, Water Supply, Surface Water, Contamination, Traffic and works impacting the safety of a listed building (the Bridge) to list but a few. It is understood that these approvals will not be given without extensive consultation and HCRC will be keeping a keen eye on Elmbridge Borough Council throughout.

Architect Keith Garner Initiates a Judicial Review

In addition, a 3 month period passes after the issue of a Decision Notice in which a legal challenge, a Judicial Review can be mounted. The excellent news is that with only days to spare, a Judicial Review has been lodged. This has been initiated by an architect from Battersea, Mr Keith Garner whose significant professional record, working in Building Conservation and the historic environment, includes acting as consultant to Hampton Court Palace and Kew Gardens.

Very concerning is the reality that a Judicial Review is an expensive business. To help with his urgent need to raise monies to fight the case, HCRC is happy to publicise the details of his fighting fund. If you would like to send him a donation or make a pledge, please see below.

Garner says “The legal challenge is potentially very expensive for me, even if the Protective Costs Order is granted. I cannot afford to keep the legal challenge going without support from members of the public.

Details of the bank account I have set up to fund the legal challenge are as follows:

This account is solely for the purpose of paying my solicitors Richard Buxton Environmental and Public Law, and the barrister David Smith of Landmark Chambers. I have nothing personal to gain from bringing this legal challenge, which I believe is in the public interest”.

See www.kgarch.co.uk/jblegal/

HCRC eagerly awaits the imminent response from Elmbridge to the premise that the Gladedale development breeches Government guidelines on Flooding and Heritage. It will be interesting to see how Elmbridge replies since, through the long history of this Planning decision, HCRC has been repeatedly fobbed off on these and other equally critical issues.

Surrey Advertiser Points Out Vital Legal Documents Not Signed

The Surrey Advertiser published an article on the 15 May pointing out that "a vital legal agreement between the developers of the Jolly Boatman site and the council remains unsigned just weeks before the six-month deadline". We have learned that the project is not being conducted openly and transparently as Elmbridge officials have refused Councillor's requests to access the details of the final contract. We have therefore issued the following press release.

Press release 25th May 2009: Hampton Court Rescue Campaign

Transparency in Local Government?

Councillors helpless

The Gladedale/Network Rail development at Hampton Court Station, the final act plays out behind closed doors.

Attached to the provisional 18th Dec 08 approval given for the controversial redevelopment of the Jolly Boatman site at Hampton Court, Elmbridge Borough Council (EBC) imposed a 6 month time-limitation for the signing-off of the contract binding the developer’s financial obligations. With 3 weeks remaining HCRC is told that the negotiations surrounding the S106, as it is known, are at a final stage, beyond which full planning permission for the multi-million pound scheme will be granted.

HCRC has learned however that the EBC Officers, with delegated powers to sign off the S106, have repeatedly refused Councillors’ requests to access the details of the final contract. According to EBC’s legal dept., the Freedom of Information Act does not apply to this material and its contents will not be revealed to Members until after the contract is signed.

“This is the most dangerous case of the tail wagging the dog.” said HCRC Co-chair, Brian Rusbridge “This is possibly the largest, most complicated and historically sensitive development that Elmbridge will be involved with and Councillors must insist that power and responsibility ultimately rests with elected members and not their paid officials”

The Officer’s significant and irreversible decision is final. Concerns from Councillors, HCRC and the wider public remain unresolved.

• The arbitrary sum of £300,000 proposed in the original application falls woefully short of the estimated real costs of such a radical scheme and that ultimately the Elmbridge rate-payer would bear the burden of the shortfall. Moreover, without an opportunity for adequate scrutiny of the developer’s financial Viability Statement, the Councillors have, once again, had to rely on the Officer’s report. In the subsequent knowledge that the heads of Gladedale Group Limited, Remo Dipri and son John have stepped down from the Company, fears remain.
• The S106 cannot be ratified until the full permission for disposal/sale of railway land has been granted by the Government’s licensing authority, the Office of Rail Regulation, at present outstanding.

Councillors told HCRC that EBC procedure dictates that in the event that the S106 is not signed by 18 June, a new time limit would need approval by full Council. For this reason, EBC Planning officers might, for expediency, bow to pressure from the commercially interested parties and head -off comments or constructive input from Councillors that might impair the ability to sign off the S106 within the present deadline.

“The final decision must be in the hands of the elected members whose job it is to serve the community.” Says Brian Rusbridge.

The following letter was sent to the Surrey Advertiser in response to the letter from the Esher and Walton MP Ian Taylor. On 15 June the Surrey Advertiser reported that Mr. Taylor is to stand down at the next election.

LETTER TO THE EDITOR SURREY ADVERTISER

On 5 June the Surrey Advertiser published a letter from Ian Taylor MP claiming that a letter in the previous issue, had misrepresented his role in the long running battle over the future of the Hampton Court Station/Jolly Boatman site, alleging that its facts were wrong. We can find no fault with it. It was a masterly exposition of the critical position that Elmbridge Council now finds itself.

For over twenty years Hampton Court Station has been allowed to fall into disrepair and the land in front, bordering the Thames, has remained a rubbish tip – a national disgrace. Those seeking commercially to exploit this site only seek to hoodwink the community into believing that “Anything is better than this”. In fact the owners of the railway site have a duty to maintain the station in first-class order and should have been compelled to do so. (Now after all this time they have acted) but GladeDale, the Developers, should have been forced to keep their land facing Hampton Court Palace in good order. Did we ever hear Ian Taylor criticizing the authorities for their failure to act?

Ian Taylor did not form the Portcullis Group. In 2000, Community representatives, on both sides of the Thames met Vince Cable MP., and Ian Taylor with other local and national Authorities and with Hampton Court Palace to find a solution. We, the signatories to this letter were the instigators. We were persuaded by Ian Taylor not to go to the Press, but to allow him to liaise with Elmbridge Planning Officers, who would conduct private meetings with potential developers. From that time onwards it has all been behind closed doors, with the final result of the Planning Approval in December 2008 being given for a monstrous development to cover the whole site.

Elmbridge Planning Officers are now in the final stages of signing agreements to allow the whole disastrous scheme to go ahead. They will not disclose the contents of the agreements, even to Elmbridge Councillors and certainly not to the community – a major manipulation of the democratic process. The Hampton Court Rescue Campaign has consistently pressed for the whole of the complex procedure to be in the public domain. When will Elmbridge Council wake up? It is now rapidly moving towards the biggest disaster in its history with implications for generations to come. We must find a way to stop it in its tracks then all of us can sit together to identify what is right for the future of the Hampton Court/Jolly Boatman site – not what is in the commercial interests of developers.

So, where do you stand on this Mr. Taylor? We acknowledge your skill in sitting astride the fence but this is not an option. You cannot claim to be “Against the development in principle” whilst at the same time supporting the commercial aspirations of the developers to the extent of writing to Hazel Blears, the Sec. of State for Communities and Local Government, as you did, advising her not to call it in for a Public Inquiry. This is a highly critical site with both national and local implications. It should not be left to the hole-in-the–wall activities of Elmbridge Planning Officers.

Please Mr. Taylor, don’t refer disparagingly to the views of “some local residents”. We estimate that over 5,000 people, both locally and throughout the UK have signed petitions and have written a great many letters, many from highly qualified people, opposing this disastrous development. So, Mr. Taylor, don’t fob the residents off with half truths; get your facts right and tell all of us where you now stand.

Brian J. Rusbridge CBE. Joint Chairman, Hampton Court Rescue Campaign
Prof. Bryan Woodriff Joint Chairman, Hampton Court Rescue Campaign