Please will you make a contribution towards the unmet legal costs of Wicklesham Quarry's recent Judicial Review? 

Although my second CrowdJustice Appeal fell far short of the target, my legal team generously decided to press ahead to the full hearing once permission was granted. They ardently believed in our case and were committed to supporting our access to environmental justice. Even though the judgment was awarded against me, the outcome of the case has fully justified our decision to seek Judicial Review, and lends powerful support to the campaign to Protect Wicklesham Quarry from Development.

With your generous support I challenged Faringdon Neighbourhood Plan's policy to turn this SSSI and Conservation Target Area into an industrial estate on four grounds. The judge found that (1) the policy did not meet the 'basic condition' of having regard to national policy, but he decided that, even if the Examiner had recognized the Neighbourhood Plan's errors, he would have passed it anyway. The judge agreed that (2) the policy was in conflict with the strategic policies of the Local Plan, and that neither the Examiner nor the District Council could lawfully decide otherwise, but he decided not to award me a remedy. The judge considered that (3) although the Sustainability Appraisal omitted ALL the biodiversity and landscape data* relating to Wicklesham Quarry, the basic information given (that is was a SSSI and had Grade 2 farmland) was adequate.  My claim that (4) the policy was excluded development because it made provision for a county matter was dismissed - because the judge ruled that the policy meant the Restoration & 5 Year Aftercare Schemes MUST be carried out. The judgment was therefore given against me, and I was ordered to pay £5,000 costs. 

(*Priority Habitat, European Protected Species, Conservation Target Area, protected landscape of the Corallian Ridge, Restoration and Aftercare Schemes.)

Although this judgment contained the basis of a potentially successful appeal, I could not afford to take the case further. However, the High Court's findings (summarised below) are likely to play a significant role if any future proposal is made to develop Wicklesham Quarry for industrial use.  The judge agreed with key points local people have made for the past three years, and stated that the Quarry must be returned to agricultural use, in accordance with its planning conditions. 

This is the first time that the planning conditions have been definitively upheld, and it represents both an important legal victory and an environmental safeguard for Wicklesham Quarry.

The second Appeal for the full hearing raised £4,560 from my target of £20,000. Our total fund from both appeals (including our fundraising event) was almost £15,000. Having paid adverse costs, court fees and expenses, only a quarter of my legal expenses were met. 

Please will you help me to repay the hard work of the dedicated legal team who backed Wicklesham Quarry SSSI on our behalf, by making a donation? Without them, we would not have have won these important legal points, and Wicklesham Quarry would be facing imminent destruction as a result of Faringdon Neighbourhood Plan. 

This is what our case has achieved

Faringdon Council did not have regard to national policy; the Neighbourhood Plan was wrong in describing Wicklesham Quarry as a 'brown field site' and believing it was a 'significant opportunity' for development. 

The policy is is conflict with the Local Plan and therefore unlawful, since Wicklesham Quarry is outside the urban settlement boundary. 

The Neighbourhood Plan cannot contain a policy that conflicts or prejudices compliance with Wicklesham Quarry's planning conditions for Restoration and Aftercare. The landowner must carry out the 5 year Aftercare Plan and return the Quarry to agricultural use.

The High Court's statements lend significant weight to the objections local people have made to Faringdon Council since 2014-15. But it took the Judicial Review to finally have their legitimacy recognized, and many people, including local councillors, are now asking why. These were not matters of opinion- they were points of law - and the District Council had a legal duty to uphold them. 

In spite of these statements, the judge did not quash the plan. The policy remains, although ineffective for the next five years at least. Wicklesham Quarry's long term future is not yet secure, and local people will continue to watch carefully, ask questions, and take all steps we can to Protect Wicklesham Quarry from Development. 

I have written to Oxfordshire County Council pointing out the legal requirements to ensure the Quarry's Restoration and Aftercare over the next five years at least, and to protect the ponds - a S41 Priority Habitat - which they recorded had been damaged, as the trees and vegetation shown above were cut down in 2016. ([email protected])

I have also sent a Freedom of Information Request to the Vale of White Horse District Council, to seek information and answers to the concerns raised by this case. ([email protected])

As this campaign has progressed, more and more questions have been raised regarding the accountability and transparency of the Neighbourhood Plan process, as well as the content of the plan itself. If you wish to receive news and have not already done so, please sign the online petition (link below) for automatic updates. You can unsubscribe at any time. You can also contact the campaign at: [email protected].

https://www.change.org/p/faringdon-town-council-the-vale-of-white-horse-district-council-and-secretary-of-state-sajiv-javid-protect-wicklesham-quarry-from-development

In the meantime, please will you help me once again by making a contribution towards the outstanding costs of our important case? The decision of supporters to take the campaign to Protect Wicklesham Quarry from Development to the High Court has been fully vindicated, even though we and our dedicated legal team have had to bear the cost. As a result of our actions, Wicklesham Quarry SSSI is today very much safer, and many people are much better informed concerning its importance for science and conservation. 

Thank you once again for your generous support.