Michael Bernards’s solicitors wrote on 30th January to the High Court with revised arguments in the light of recent correspondence with ESCC, requesting permission to move to judicial review and asking for an injunction prohibiting ESCC from carrying out development work, including tree felling, in relation to the Link Road that goes through the site of the Norman Invasion and battlefield in the Crowhurst valley.
Legal advice is that planning permission has not been granted to ESCC to proceed with development works. It appears that ESCC considers that it can undertake works, such as tree felling, without approval, however the legal advice is that this is not in fact the case and that ESCC are acting unlawfully in this regard.
Michael Bernard still argues that ESCC need to stop its Bexhill-Hastings Link Road works in the valley until English Heritage have completed its review of the Battle of Hastings battlefield registration, in consideration of new evidence by Nick Austin (see Secrets of the Norman Invasion, 2012) and John Grehan (see The Battle of Hastings 1066, The Uncomfortable Truth, 2012) but now further argues that ESCC should not even have started.
Michael Bernard visited Decoy Pond in the Combe Haven Valley on Thursday 31st Jan and found that further tree felling had taken place the day before (see BLINKRR photos), notwithstanding the considerable correspondence with ESCC on this matter requesting that they stop this action, which Michael Bernard is advised is unlawful. ESCC is seemingly content to act entirely beyond its powers and this is especially concerning when the ESCC is the developer, the highways authority and the planning authority, all rolled into one unaccountable undemocratic organisation run by Peter Jones.
Recent evidence confirms that the Link Road is a double tragedy in the making: an environmental tragedy and a heritage tragedy of national significance, if not world historical importance.
Late yesterday afternoon, 5th February, Michael Bernard heard that the Court had dismissed his application for an injunction and in order to give ESCC reasonable opportunity to reply to the new arguments had given ESCC a further two weeks to file amended summary grounds of defence – ie by 4pm, 18th February. It may then be up to a further seven days before Michael Bernard learns whether or not permission is given to move to judicial review.