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Update on Legal Action

Capel Parish Council's challenge against the Surrey Waste Plan, under section 113 of the Planning and Compulsory Purchase Act 2004, has been set down for 28-29 January 2009, before Mr Justice Collins, an expert planning judge. The proceedings will take place in the Administrative Court, Queen's Bench Division in the High Court of Justice in the Strand, London WC1. The result of the challenge will not be known until sometime after the proceedings have been concluded.

The Courts are open from 9.30am to 4.30pm daily. Members of the public are admitted to all court rooms and can come and go as they please, although Judges will not suffer interruptions when they are passing judgment or witnesses are taking oaths.

A resolution to grant planning permission was passed at Surrey County Council's Planning and Regulatory Committee on 3 October 2008. Over two months later Surrey County Council issued their planning consent on 9 December 2008. A claim for judicial review of the planning consent has since been issued by Capel Parish Council. How this claim proceeds will be dependant on the outcome of the section 113 challenge.