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Bembridge Harbour Trust Launches Second Legal Challenge

Bembridge Harbour Trust (BHT) says it has "exhausted all other routes" and has been left with no choice but to pursue a second legal challenge to "protect the harbour".

BHT, a charity set up to preserve and enhance the harbour, claims the Statutory Harbour Authority (SHA) has failed in its duty to manage the harbour in the interest of the public.

BHT, which consists of local resident Jeremy Gully, as well as Isle of Wight councillors Phil Jordan and Jonathan Bacon, has a long-running dispute against the directors of SHA, Malcolm and Fiona Thorpe. 

A Judicial Review of the SHA was lodged with the High Court on June 28.

Jeremy Gully, chair of BHT, said:

“BHT are advised of multiple abuses of powers and breaches of duties as a harbour authority. BHT has informed the relevant authorities accordingly. It is so disappointing that we have had to finally resort to legal action, having exhausted all other routes to achieve fairness for a harbour that is deteriorating so fast.

"Public concern can be measured by the incredible support we have had from the community, with people inside and outside the Trust donating the large amounts needed to progress these challenges in the courts. We are immensely grateful to them."

It is the second Judicial Review (JR) the charity has launched. The first, in May, was against the Isle of Wight Council as planning authority.

The charity claims planning permission granted for 13 houses and replacement harbour facilities is "environmentally damaging".

BHT says the proposal does not benefit the SHA, despite the harbour authority claiming otherwise. 

A decision over both judicial reviews is expected in the next few weeks.

The SHA says it would rather not comment at this stage. 

An Isle of Wight Council spokesperson said:

“The Council is aware that the Bembridge Harbour Trust (BHT) has formally applied to the High Court for permission to bring a judicial review against the Council’s decision to grant planning permission (P/00637/14 )and we are awaiting the Court’s decision.

"As such it would be inappropriate for the Council to comment further at this stage”.

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