First Posted: 3/7/2013 11:20:31 AM | Last Updated: 3/7/2013 11:20:31 AM
WEST BEACH APPEAL
The legal battle to get Newhaven’s sandy West Beach re-opened to the public was taken to the Appeal Court this week.
The Appeal was heard at the Royal Courts of Justice, The Strand, London WC2A 2LL over three days on Tuesday, Wednesday and Thursday 26th-28th February. The Appeal was heard by three Judges – Lord Justice Richards, Lord Justice McFarlane and Lord Justice Lewison
Day one of the Appeal was devoted to arguments about the issue on which the Judicial Review was lost by East Sussex County Council – that registration would not be compatible with the statutory purpose (ie running a port) for which the land is held by the Port Authority because there is a conflict of statutory regimes.
At the end of the day, the three judges decided to reserve their position on this issue and asked to hear further arguments brought forward by the legal team for Newhaven Port and Properties on six issues they believed meant that the beach should not be registered as a Village Green.
On the second day these arguments from NPP were heard in detail. Following this, the judges decided that they only needed to hear submissions from ESCC and NTC on two of these.
The third day was taken up with these remaining two issues, with the hearing finishing at about 2.30pm.
The decision will not be announced immediately – the judges in the case will have to go away and consider their verdict, which it is expected will be received in a few weeks.
The Mayor of Newhaven, Councillor Graham Amy, said “We are hopeful that the outcome of the court case will be positive and that the Appeal will be granted. If successful we would like to work closely with Newhaven Port and Properties to ensure that the beach is reopened to the mutual benefit of both the port and the people of Newhaven and in a way that does not adversely affect the operation of the port.”