A Petition for Judicial Review was served to the Council in August. It aims to prevent the new Portobello High School being constructed on Portobello Park. A court date of 9 December was allocated but at the Council meeting on 22 September we were asked to try to resolve the legal matters before then.
We have communicated with the petitioners through their agents and submitted our answers in response to their petition. However, the petition has not been dropped and so we lodged a motion asking for it to be dismissed due to the delay in bringing the action.
This matter was initially considered by the Court on 15 November when it was established that Court diaries cannot accommodate full consideration of all matters before the original allocated date (9 December). It is also now clear that the legal arguments are complex as the basis of our position is very different to that of the petitioners.
There is a requirement for a second day in Court but no further court time is available this year. These important issues need to be resolved quickly and efficiently and in practical terms it is sensible for all matters to be heard together, on two consecutive days. It has been agreed by the parties to reschedule the hearing to allow for this. The Court has identified that the Petition can be heard on 5 and 6 January 2012.
The Council remains confident in its legal position.
Head of Resources; Children and Families