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Itchen Valley Country Park Go Ape! decision could be contested in the courts

Protester considers judicial review over Go Ape Protester considers judicial review over Go Ape

PLANS for a controversial high-wire adventure course in a Hampshire country park may have to survive a judicial review.

Lower Itchen Fishery owner Lyndsey Farmiloe is on the verge of taking legal action because she believes there should have been an investigation into how the Go Ape attraction will affect her business.

Councillors on Eastleigh council’s Hedge End, West End and Botley local area committee voted nine to two in favour of the proposal for Itchen Valley Country Park on Monday night after a heated five-hour debate.

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That decision is likely to be rubber-stamped at a full planning meeting of the Liberal Democrat-dominated council.

Lyndsey’s business sits just 30 metres away from the proposed location of Go Ape. She believes the noise generated will put off anglers.

She will meet with her solicitor on Friday to discuss her options.

“We’re very unhappy with the way it has been conducted,”

said Lyndsey. “Our concerns have not been listened to, our amenity has not been considered sufficiently, the councillors have no idea about fishing and don’t bother to find out.

“Based on that and the evidence put to the council, which they chose to ignore, we have to look seriously at a judicial review.”

The Friends of Itchen Valley Country Park, led by Margaret Raff, said they were unlikely to contest the decision aside from a formal complaint to the Borough Council that was submitted last week.

Eastleigh Borough Council did not wish to comment on a judicial review until any formal proceedings were made.

Speaking about the decision to approve the plans, council leader Keith House said: “This is an exciting proposal to provide a terrific adventure and fitness activity to attract more people to the park.”

Comments(19)

chapelsaint says...
5:07pm Wed 9 Dec 09

"Councillors on Eastleigh council’s Hedge End, West End and Botley local area committee" (aka LIB DEM MAFIA)

freemantlegirl2 says...
5:16pm Wed 9 Dec 09

Absolutely ridiculous! and a waste of money to ask for a JR! their concerns obviously were listened to... a sincere case of sour grapes by a few who are totally outnumbered by the majority who are in favour. As the fishing sites are under the flight path of the airport and near the motorway, that too is utterly crass!

G0Rf says...
5:39pm Wed 9 Dec 09

Build the junction 6 on m27 and would be a good idea

Jammy Donut says...
6:13pm Wed 9 Dec 09

Presumably she would rather the bored youths play with a game boy or spray graffiti

StEmmosfire says...
6:30pm Wed 9 Dec 09

Go on let her do it, let her spend all her time and money on trying to stop this attraction and then just laugh at her when she realises how stupid she's been.

kev63 says...
8:28pm Wed 9 Dec 09

Absoluteley agree with the first comment, having had dealings with Eastleigh bc I also beleive that they are indeed the mafia, they NEVER listen to the "little man" they NEVER listen to the minority (it's easier to go with the majority, less hassle and a lot less work), they will NEVER get my vote again, they are full of false promises!

tzarina says...
8:53pm Wed 9 Dec 09

By his remark,St Emmosfire shows his ignorance in the structure of maintaining the River Itchen as a designated Site of Special Interest

Reality-man says...
8:56pm Wed 9 Dec 09

Oh get over it!

Quite Frankly says...
9:25pm Wed 9 Dec 09

While you're about it, get the motorway and the airport closed. For your sake, I hope your solicitor advises you to save your money.

Councillors voted nine to two in favour of the scheme. The decision is subject to the receipt of a Biodiversity Management Plan, contributions to local transport initiatives and various other conditions including protection of trees, drainage and hours of use. Council officers and Go-Ape will now discuss a timetable for opening the course.

And when it opens, I'll be there to enjoy it.

stickymcglue says...
9:51pm Wed 9 Dec 09

this country is doomed........

Condor Man says...
10:38pm Wed 9 Dec 09

Eastleigh BC makes SCC look like a competant authority. Go Ape will be fantastic for West End, I can't wait until my kids will be old enough to go there.

josh_drakester says...
11:30pm Wed 9 Dec 09

hehe , blahblahblah, it will bring money in, the area does need rebranding, itchen valley is, well not the best country park in the world! The standards of Victoria Country park for example are much cleaner and nicer to visit. But even so such issues for example this boring one to do with the fisherman being disturbed, um well im not sure who has been to a go-ape across the country somewhere like moors vallye go-ape, but it does make much noise, only the sound of the odd scream or laugh. The only disapointments is it will claim some of the horse riding tracks etc and the walking areas, but hey!!! who actully cares what ive written anyways! its just another fail of a project for the soton area! the last good thing was the ocean cruise terminal i spoze! but even so u cant access that! OH and btw go ape rocks!

Crazywolf says...
7:47am Thu 10 Dec 09

kev63 wrote:
Absoluteley agree with the first comment, having had dealings with Eastleigh bc I also beleive that they are indeed the mafia, they NEVER listen to the "little man" they NEVER listen to the minority (it's easier to go with the majority, less hassle and a lot less work), they will NEVER get my vote again, they are full of false promises!
But isn't the main problem with politicians that they listen to TOO MANY minorities and the silent majority rarely get heard? If in this case they have gone with the majority then surely that's good democracy!!

What is YOUR ideal? Only the things YOU like get through, regardless of what everyone else wants?

SotonNorth says...
8:49am Thu 10 Dec 09

If I were fishing on her patch of the river, the M27 motorway and Southampton Airport would be more off-putting sources of noise than youngsters enjoying themselves in that manner. But let's not let the motorway and airport get in the way of her argument.

Shoong says...
9:58am Thu 10 Dec 09

These are the same people who probably moan about 'kids hanging around on street corners' & 'there's nothing for the kids to do'.

Mr BCB says...
10:22am Thu 10 Dec 09

A judicial review, if undertaken, will be very costly and if lost costs could be awarded to the other side. In the light of all the environmental evidence backing this application it would be wise to accept the decision.

wilson castaway says...
1:12pm Thu 10 Dec 09

Go-Ape is not a primate equivalent of Butlins Holiday Park and will not be used by actual apes form Monkey world or Marwell zoo.So whats the problem?

Duckorange says...
2:17pm Thu 10 Dec 09

wilson castaway wrote:
Go-Ape is not a primate equivalent of Butlins Holiday Park and will not be used by actual apes form Monkey world or Marwell zoo.So whats the problem?
Exactly. People moaned when they built Monkey World next door to the Tank Museum and the Winfrith Nuclear Reactors.
And have mutant, heavily-armed apes taken over the world? No. They have not.
In your face, protesters!

concernedofstdenys says...
7:29pm Sun 13 Dec 09

FREEMANTLEGIRL - it says the Friends are NOT likely to be contesting it! The owners of the fishery are thinking about JR NOT them. For anyone thinking that the idea that people werent consulted is ridiculous then take a look at this......
This week Chorley Council have been guilty of 6 counts maladministration and 3 counts of injustice for not consulting people properly over Go Ape. A Modus Operandus perhaps? It ain't the only one in UK. FOUND GUILTY! Go Ape admitted that it did not consult the fishery even though its in a Council policy document that the park should work closely with them.
What a familiar story.....
http://www.thisislan
cashire.co.uk/news/4
790823.Fight_goes_on
_for_Go_Ape_proteste
rs_in_Rivington/

I expect the Audit Commision are mistaken, they shouldnt really have been found guilty, just moaners? Like the Woodland Trust about the designation of the woodland. Just moaners.

The Friends are not contesting it Freemantlegirl. See www.saveitchenvalley
park.org
Perhaps they dont like it but they don't have a 50 year old family business to lose as does the fishery. The motorway clearly does not put people off of fishing because the evidence is she has a viable business. I have fished there and it is not loud, simply go walk to the bridge over the river and you can see for yourself. Dont listen to the muppets. Motorway noise is something you get used to and block out and it really aint bad anyway. It is not same as sudden shouts of 300 people a day (the councillor said 30 max repeating a bare faced lie!).The 2 councillors who bothered going to the fishery voted against. Any explanation for that Freemantlegirl? At Moors Valley GO APE IS totally brilliant I LOVED IT BUT the council idiot whose idea it was to bring Go Ape to Itchen should have noticed that at Moors Valley there are hundred acres of trees EVERYWHERE and the course is fabulous because of that. Then they should have noticed it aint like that at IVCP River Copse is tiny by comparision - THEN it would not have cost the taxpayer all this money to date. Dock it out their salaries!!!!!
Environmental evidence did not back the project, the woods are far too small and Go Ape told a million half truths (30 a day my ar**). The Woodland Trust, the Wildlife Trust, Natural England, the Bat group, Chris Packham etc etc all objected! But the council made the objections go away like Kaiser Sosay! They used all their resources to alter the plans and promise until there could be no objections, they wanted this project SOOOO much. Do you think your private planning application would get that kind of treatment? ALL the wildlife bodies objected, if it was a suitable site (like Moors Valley and all the others) would they have had to work that hard? Na, it would have sailed through. I will go and I will LOVE IT but it will be bloody obvious to anyone with a brain its in the wrong place, it will be crap compared to Moors Valley and all the old dears wont go to the park anymore cos they will hate the noise and the fishermen will be upset. But hey "in your face protestors!" much better to be selfish huh? Feels great being such a selfish ar**. YEAHH

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