The Court of Appeal has ruled there is “no reason” to allow an appeal against the judicial review case after it found in favour of Enfield Council
Campaigners hoping to prevent half of Whitewebbs Park being leased by Enfield Council to Tottenham Hotspur have been dealt a fresh blow after a request for an appeal against a High Court decision was rejected.
Sean Wilkinson, who is chair of the Friends of Whitewebbs Park group but pursued the judicial review individually, says that the final rejection of his crowdfunded legal case by the court represents “grave news” for the park and “for all parks and open spaces in London and other parts of the country”.
Sean won the right to launch his judicial review against the council’s decision almost a year ago, with the case then being heard by a High Court judge over three days in February this year. A written verdict, issued in May, rejected all grounds for the case, and led to Sean’s lawyers submitting a request for an appeal.
However, in a written order issued by the civil division of the Court of Appeal yesterday (Monday 30th), Lord Justice Warby wrote: “An appeal would have no real prospect of success. On each of the three issues raised by the grounds of appeal the judge was plainly right for the reasons he gave.
“There is no compelling reason for the court to hear an appeal which would be bound to fail.”
With the appeal request now rejected, it is unclear what further options the Save Whitewebbs campaign has available, beyond objecting to the planning application for a women’s football academy and wider park facilities which Spurs submitted in spring.
A planning committee hearing on that application, which is entirely separate to any legal process, is expected to take place at Enfield Civic Centre before the end of the year.
In a letter to supporters of his campaign, sent out via email, Sean wrote: “We have, today, heard the disappointing news that we have been refused permission to appeal the judicial review decision.
“This is grave news for Whitewebbs Park and for all parks and open spaces in London and other parts of the country. Under this ruling there would appear to be little protection for our parks and open spaces.
“This decision has reversed the action of an enlightened council way back in 1931. It recognised the people of Enfield’s long-term need for open space and recreational land by purchasing Whitewebbs Park and assigning it to Enfield Urban District Council for 999 years.
“We have gone back over 200 years to the point in history when the rich and powerful could dispossess the ordinary people of their rights and access to open land by enclosure.”
Sean added that his lawyers, from the Public Interest Law Centre, “are looking at other possible courses of action that may be open to us”.
He also thanked the people who had supported the Save Whitewebbs campaign up to this point.
No news is bad news
Independent news outlets like ours – reporting for the community without rich backers – are under threat of closure, turning British towns into news deserts.
The audiences they serve know less, understand less, and can do less.
If our coverage has helped you understand our community a little bit better, please consider supporting us with a monthly, yearly or one-off donation.
Choose the news. Don’t lose the news.
Monthly direct debit
Annual direct debit
£5 per month supporters get a digital copy of each month’s paper before anyone else, £10 per month supporters get a digital copy of each month’s paper before anyone else and a print copy posted to them each month. £50 annual supporters get a digital copy of each month's paper before anyone else.
More information on supporting us monthly or yearly
More Information about donations