An application for permission to appeal the decision of the judge in the High Court was filed yesterday on behalf of Mr Khan by his solicitors, Richard Buxton Environmental & Public Law.
The grounds for appealing lie in the judge’s approach to the waste policies governing the use of the Beddington site and the assessment of whether very special circumstances exist to justify the harm caused by the proposed development. The Court of Appeal will now decide whether to grant permission to appeal, a process which will most likely take several weeks.
Shasha Khan said,
“I met with residents, conservationists and the Beddington Farmlands Bird Group on Tuesday (25th Nov). Those present encouraged me to fight on and apply directly to the Court of Appeal. It was something I was actually quite keen to do. Sadly, Sue Willman of solicitors Deighton Pierce Glynn is unable to represent me further as the deadlines for submission are very tight. However, they pointed me in the direction Richard Buxton solicitors and I am very pleased to say they are representing me going forward.
“Naturally, to continue, funds are needed to keep the fight going, and I hope I can count on supporters to donate to the campaign once again.”
Sue Willman of Deighton Pierce Glynn said
“I am delighted that Richard Buxton solicitors, which has a long proud record of securing environmental justice has taken over the appeal for Mr Khan. Sadly I was unable to represent him in the strict timescale for appealing to the Court of Appeal due to a lack of capacity.
“This case proves that there is no level playing field for access to justice in environmental cases, even where the outcome is as important as this case is for the welfare of the local community.”
Adrienne Copithorne, partner at Richard Buxton, said,
“We are very pleased to be taking Mr Khan’s case forward to an appeal. It has been a difficult journey to get to this stage but the issues at stake warrant the continued efforts. We admire Mr Khan’s tenacity and that of his supporters.”