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FOPH Member's legal challenge thrown out by High Court

posted Jan 31, 2010, 3:12 PM by Richard Cliffe
See here for full City Link news item dated 29 Jan 10 concerning the outcome of Charlie Cartwright's attempt to stall Harbour plans through a legal action in the High Court.

Charlie Cartwright, a prominent member of the protest group Friends of Penzance Harbour, made the application for a Judicial Review of the Harbour Revision Order (HRO) which was granted by the Department for Transport (DfT) in August, 2009.

The High Court ruling dismissed Mr Cartwright's claims that there was a lack of clarity in an advertisement placed in 2005 by the former Penwith District Council to let the public know about the planned application.   The court order from the Hon Mr Justice Burnett stated: "Leaving aside all technicalities it is quite clear that the challenge has no prospect of success."  He later went on to add about Mr Cartwrights claim  "This argument is unsustainable in the face of the advertisement itself, which is perfectly clear as to what is proposed. It is also fanciful to suggest that the minister was misled."