Some important points i need to make to Kirklees Council and Andrew Cooper

Andrew Cooper, the petition is doing well.
Thank you.

I still dont accept that Kirklees council say they "will not hear" Bernards petition. For the reason "a decision was already made on castle hill"
I appreciate you are a Councillor, with experience and knowledge. But the council advisors are incorrect on this.

Firstly the petitions and referendums act says that all petitions concerning matters around the same subject or issue must be combined together.

Ive talked about the local referendum powers already and around 15,688 is our 5% figure to match for local referendum on local governance matters.

The truth is that because there are at least 5 petitions now on the same subject, that concern the future of Castle hill but each one also has additional evidence attached and also calls for certain things...

My own petition at https://www.change.org/protectcambodunum raises matters and brings in additional matters that actually havent been decided already and in fact CAN be decided and will effect and apply OVER the previous decisions by changes to land governance. How the land Castle Hill is on is governed and managed.

If we create an Area of outstanding natural beauty around castle hill... It will effect all building applications and regulations in the area. And also pending ones. And it will require intervention.

Also my petition asks for changes to Green belt orders, enlargement of area included. And increase in the protection and listing grading of the site..
In fact there could be a contract drawn up that the council are asked to sign.. where they will agree to no more building in that area. The council have contracts all the time. We can petition to make them sign a contract of not building on or near the site.

Also. I find it impossible to believe that the council will not or cannot hear the matter again from new petitions.

Its only an applicant who has 5 years or so to build, once permission is given, before their time runs out and they need to apply for permission again.

There is no such restriction in petitioning. Either subject or request.

And the fact that all petitions that are about castle hill, are combined.. some still open..

Clauses and requests in at least one of the petitions (mine) brings in additional matters which CAN be decided and CAN and will effect the decision about the Thandi development.

And as Bernards petition has the weight of numbers over 3,000 for full council... My petition automatically gets included because it is about castle hill, and my clauses, evidence and additional matters are added and brought in..

The matters of getting an area of outstanding natural beauty order. Increase of area of Greenbelt, increase in listed grading of the site, and even a contract drafted that the council are made to sign of agreement they will not build or allow building near or around the site.

Also rewilding. And Rewilding of Huddersfield is something you have talked about wanting to do and bring in Green Corridors and things. For the Green vision we discussed in the online meeting.

How can you rewild and bring in Green corridors and move things that were approved or had a decision by the council anyway?

Think about it. If nothing could be changed or petitioned over that at some point has already been decided.. then the entire town and county would never be allowed to change. Ever. It would be fixed rigid.

So i believe its a bluff from the council.. to claim that decisions cannot be overriden. How are the council planning even redeveloping the town at all??

The fact is that its impossible for any independent person or the council itself to deny the right to get something changed. We have the right to.

It doesnt matter if petitions (can) be heard at planning meetings. They dont HAVE to be. Because petitions are not dependent on planning to exist in the first place.

They can be a response to it. But they certainly are not dependent on it and in fact in law are independent of planning applications. A petition in fact is in pursuit of its own meeting on a matter. And because of that, it is not reliant. Dependent or in any way bound by proceedings for any planning application or proceedings.

They CAN be heard (as evidence) in a planning proceedings. But the petition is in pursuit of its own proceedings and meeting. Particularly when combined petitions bring in additional matters as well to be decided on that are beyond and outside the scope of the planning specific meeting that is proceedings in relation to the planning order. Where petition evidence CAN be presented as evidence. But that meeting is not to be claimed as or construed as the proceedings for the petitions.

And petitions are not in any way bound by the time period or proceedings of the planning. Not at all.

It is completely independent. Its only that there is a window for being able to hear petition evidence at a planning proceedings. But it is not the meeting that the petition is in pursuit of and does not need to rush in time. Or race to beat the planning proceedings.

Just like in law when a court makes an order is can be overturned.. and in fact as local councils do not have a hierachy of jurisdictions like the court does.. Magistrates, Crown, High court.. in local matters, the Locals have a right to petition for a case being heard on the matter independent from planning proceedings.

Its possible for petition evidence to be heard in planning proceedings. But it is NOT the proceedings of the petition being sought.

If the evidence does convince the planning meeting to a decision.. where by the petition proceedings independent are no longer needed. Then they will not require their own proceedings any more.

But they are not proceedings of the planning proceedings. Never were and are not constrained for time or commitment.

We have the right to petition her majestys local government and all prosecutions and commitments (from other orders and cases) are illegal.

Its a seperate case to the planning application. Seperate proceedings. Evidence can be used from a petition in a planning proceedings. But it is not the proceedings of the petition that has a right to its own council meeting and decision. Without commitments held from other proceedings.

And petitions can as for things in fact that CAN intervene in a passed planning application... Where the governance of the land itself asks to be changed.. like to outstanding natural beauty area, changes made to greenbelt, changes to ancient site listing or grading, special contracts made and drafted to agree not to build within certain areas, or even a different project. Plus Rewilding is always now possible as its a new movement. It actually would be impossible to rewild. Because everything that exists. Exists because of an order or approval. So getting something rewilded would be impossible. And as i said the town would have to remain unchanged forever.

So the matter can be heard in its own proceedings. Especially when the signature count is met and some of the petitions being combined raise land governance changes than can intervene in all open building developments or past ones and future ones.

This is important logic.

The newspaper report was not accurate.