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Yorkshire Post Today - Leeds Protesters fear right to
justice could be denied
Paul Jeeves
CAMPAIGNERS opposing one of York's most controversial development schemes have claimed they are being denied justice amid Government attempts to reduce the nation's legal aid bills.
A judicial review will be held in London next month, the latest episode in the protest against the redevelopment of the city's flagship leisure venue, the Barbican.
The Save Our Barbican (SOB) group has revealed its attempts to block the development proposals lie with a judicial review on whether its legal aid entitlement will be boosted.
Campaigners face raising more than £30,000 to pay for a High Court appeal against York Council's decision to grant planning permission for the redevelopment of the Barbican site.
They have managed to raise only a tenth of the figure so far, and they have claimed that the Government's attempts to reduce legal aid bills nationally is blighting their right to justice.
Ernie Dickinson, chairman of SOB, said: "People living near the Barbican are extremely worried about what could happen.
"The council does not appear to be willing to listen to their concerns, and the only route for us is to take this through to the courts.
"But if this judicial review goes against us, people will be denied justice. We will simply not be able to afford the costs of the court challenge.
"This is not just about York's Barbican Centre, it is extremely concerning that anyone could find themselves in our position."
Legal experts working on behalf of the campaigners said there has been a growing number of cases in the last 12 months where protest groups have been unable to challenge decisions of public bodies because of a lack of legal aid funding.
Andrew Lockley, a partner of Irwin Mitchell based at the law firm's Sheffield headquarters, confirmed that his company has dealt with at least six cases in the Yorkshire region in the last year.
Mr Lockley, who specialises in public law, said: "It is regrettable that the SOB group has had to take a second action in the High Court in order to get funding for their main challenge against York Council's decision to grant planning permission.
"It is becoming generally more difficult for campaign groups to get funding to bring perfectly justified challenges against decisions by public bodies, and SOB is one of a number of groups which have been affected."
Members of the SOB group travelled to London in June to seek a judicial review of York Council's decision to grant planning consent to redevelop the complex.
However, they were not allowed an adjournment to seek additional legal aid funding, prompting the latest judicial review which will be heard on November 15.
Proposals for the York Council-owned Barbican site and Kent Street car park include a new auditorium and conference centre, swimming pool, hotel and 240 flats.
Protesters have claimed that the development will accentuate problems on York's already congested roads and lead to alcohol-fuelled anti-social behaviour with late-night bar opening.
A spokesman for the Legal Services Commission, responsible for granting legal aid, said: "We have to ensure that the limited amount of taxpayers money which we are provided with from the Department for Constitutional Affairs is spent wisely.
"There will be times when we will have to make difficult decisions, but we need to make sure that the money we have is given to the people who most need it."
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