1 day Ago By [email protected] (Carl Eve)
The long-running battle over the renaming of Sir John Hawkins Square has taken an unexpected twist just months after it was considered to be at an end. As far back as 2020, in the wake of the Black Lives Matter protests, . A short while later, , who claimed it was concerned the signs would be vandalised and plans were afoot to rename the square.
From here , spearheaded by Plymouth entrepreneur Danny Bamping, which rumbled on for months - and then years. In April 2023 PlymouthLive reported how the Charlotte Davies, the barrister representing at the time, penned an article of how the initial legal appeal by Mr Bamping against the removal of the signs had gone all the way to the Court of Appeal using section 18 of the Public Health Act 1925 which sets out how such an appeal can be brought. Noting the context of the proposal to change the square's name, she wrote how the hearing of the with the District Judge finding that Mr Bamping had "failed to prove that the decision of the council was 'wrong', applying Basildon Borough Council v James [2015] EWHC 3365.
Having lost on every ground, he was ordered to pay the council's costs in full. Further appeals and even a request for a Judicial Review failed to gain traction and Mr Bamping was barred from requesting the matter be reconsidered at an oral hearing and was again ordered to pay the council's costs in full, in addition to the costs already ordered against him at the first instance hearing. Further appeals followed - and failed - including an attempt to have the original decision from December 2020 set aside as being "unlawful".
This also failed and by April 2023 which effectively banned him from issuing proceedings against "Plymouth Magistrates Court or Plymouth City Council at all for a period of two years, or any proceedings regarding the renaming of against any party, without permission of the court." A Freedom of Information Request made by PlymouthLive revealed the council had to fork out £21,933.60 in legal costs for the win which they have attempted to claw back from Mr Bamping.
This was believed to be the end of the story and in November 2023 the council proudly announced and again asked the public that if they had any opposition to the new name, to lodge an appeal with Plymouth Magistrates' Court by February 2024. Within a few days another person did lodge the appeal and the legal process began yet again. However, in January, an amendment to the Public Health Act 1925 legislation resulted in a better chance of appeals being successful in court and the different person who had lodged the appeal sought the services of Richard Harwood KC - who has also represented the Plymouth tree-campaigners (STRAW) in the High Court.
He informed Plymouth City Council in a skeleton argument last month that with the "repeal of the power to alter street names by order under the Public Health Act 1925, s 18 on 31st January 2024, these proceedings are academic". The 11-page skeleton argument also claimed that the council had "failed to make a decision to rename the square, alternatively failed to record it and give reasons, as required by the Local Government Act 2000, s 9G(4),(5) and the Local Authorities (Executive rrangements) (Meetings and Access to Information) (England) Regulations 2012, reg 12-14." He added: "Consequently since 31st January 2024 the council has had no power to rename the street under the 1925 Act.
" Having had its lawyers absorbed the skeleton argument, Plymouth City Council has now confirmed it will begin the process all over again, but in accordance with the new legislation. A council spokesperson told PlymouthLive: "The renaming of Sir John Hawkins Square to Justice Square has been temporarily suspended. "The process of renaming started in November 2023, but during the 21 day statutory notice period, the court received an appeal that needed to be heard before the Magistrates.
That appeal was due to be heard later this month. "However, since the council began the process, a new law for the renaming of streets has come into effect and since there is no provision in that law for processes that have already started, in order to be compliant, we must start again. "The appeal that was due to be heard has now been cancelled, as the outcome is academic.
We will begin the renaming process in accordance with the latest legislation as soon as possible." According to paperwork shown to PlymouthLive, the hearing which was listed for September 19 has indeed been vacated and the council has been forced to pay the appellant's costs in the sum of £2,302. A source close to the legal challenger told PlymouthLive: "As we understand it, the new legislation effectively means the council has to launch a referendum and only if they get two thirds support for their proposed name change can it go ahead.
If they get that the only way to appeal it is by Judicial Review. "However, it remains to be seen whether the council can secure a two thirds majority. Perhaps they should have considered all of this rather than railroading the public with their decision to take down the signs in the first place.
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