Pool challenge going to court (From News Shopper)

Pool challenge going to court

6:26pm Monday 19th March 2007

• Print
• Email
• Share

CAMPAIGNING residents are taking a decision made by Lewisham Mayor Steve Bullock to the High Court after calling his plans to replace Ladywell Pool "unlawful".

The plans will see the pool in Lewisham High Street demolished, with a new pool built in Loampit Vale, along with 750 homes by 2010.

But the Save Ladywell Pool Campaign says the plans have been ill-considered and are unjust.

In their application for a judicial review, campaigners claim:

• In the public consultation, which ended on October 30, the voting was 53 per cent for and 47 per cent against. But online votes were not included - which would have seen the yes vote go below 50 per cent. There were 21 online votes.

• The public were not asked whether they wanted to retain Ladywell.

• The choice of a 33m pool (size of Ladywell) or a 25m pool (size of the planned pool) was not given.

Mary Paul, one of the campaign members, said: "We would hope the council would have to re-do the public consultation.

"That's what we would expect if we won."

Max Calo, the group's secretary, said the pool would be surrounded by tall buildings.

He said: "The new pool will basically be in the basement of a block of flats.

"The Mayor's decision is also irrational because the new pool which is much smaller, will not be able to accommodate the Ladywell users along with all the new residents of the housing block."

A council spokesman said: "The council does not accept it acted unlawfully in the way it conducted the survey regarding Loampit Vale.

"It will defend itself robustly if legal action is attempted which suggests otherwise."

Anyone interested in campaigning can visit the website saveladywellpool.com.

• Individuals and organisations can apply for a judicial review of a decision made by a public body.

The review is usually carried out by a High Court judge and is a legal challenge to the way a decision has been made.

The judge can make his decision after reading the papers in the case, or after hearing a presentation.

If a judge turns down an application for a review after reading the case papers, the applicant can still ask for a hearing to be held.

A judicial review, made by a High Court judge, does not decide whether a decision was right or wrong, but whether it was made fairly, rationally and legally.

• Print
• Email
• Share