THE leader of Dudley Council says she is “very disappointed” after a High Court judge rejected their appeal against an £18m mosque.
Sitting at Birmingham Civil Justice Centre, Judge Mr Justice Wyn Williams granted outline planning permission to Dudley Muslim Association's plans to build the mosque and community, training and enterprise centre (CTEC) on derelict land in Hall Street.
Dudley Council lodged the High Court appeal to challenge the lawfulness of the Planning Inspector’s decision, following a week long inquiry in June last year.
A year ago, the government inspector granted permission alongside a long list of conditions for the DMA to abide by, which included carrying out a detailed report to ensure the community facilities –which are set to include a sports hall, community hall, crèche, fitness suite, seminar rooms, information technology suites, lecture theatre, workshops, administration spaces, café and exhibition area – were accessible to the whole community.
However, council officials argued a condition to ensure these facilities would be wholly accessible would be impossible for them to enforce.
The council also believe the Hall Street site is still prime industrial land for the town.
The latest decision has once again been met with a mixed response from readers, who have been posting messages on our website since the ruling was made.
And speaking after the decision, the leader of the council, Councillor Anne Millward, said it was a sad day for democracy.
She added: “I am very disappointed with the ruling. I think it is a sad day for democracy when nine elected members were completely over-ruled by a unelected quango in Bristol.
“Just what is the government agenda? How can they say power should be delivered by the local communities, when the local communities said ‘no’ to the plans and representatives of that local community said ‘no’ as well.”
However, Cllr Millward confirmed council officers were now looking at the buy back clause, which was agreed at the time of the original deal.
Under the covenant, DMA leaders agreed that if the mosque and community centre was not substantially built by December 31, last year, then they would have to vacate the property and the council could buy back the land at the original cost plus inflation.
Cllr Millward said: “Our officers are now looking at the details of the covenant, but we have to ask ourselves the question, were we any way responsible for causing that hold up?
“Although we also have to throw back the question at the DMA and ask if they can still go ahead with the scheme and do they actually have the £18m available to pay for it?”
Despite numerous attempts by the News to contact representatives from Dudley Muslim Association over the last week, no one was available for comment.
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