Proposed Claim for Judicial Review

1	To Carwyn Jones AM, Counsel General, National Assembly for Wales, Cardiff Bay CF99 1NA

2

The claimant David Firth. A trustee of the Snowdonia Society (and Chairman), Ty Hyll, Capel Curig, Conwy LL24 ADS. The Society, established 40 years ago and now with over 2500 members, is a registered charity (number 253231) which seeks to protect the landscape, wildlife and cultural heritage of Snowdonia for the benefit of those who live in or visit the National Park, and for future generations.

3	Reference details Welsh Ministers’ decision on land in public ownership at the disused and decommissioned former RAF Llanbedr Airfield, Gwynedd (CYM304057) as announced on February 25, 2008.

4	The details of the matter being challenged The decision of Welsh Ministers to grant a 125 year lease at Llanbedr, Gwynedd to Kemble Air Services in order to create a commercial airfield in the Snowdonia National Park.

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The issue The failure of Welsh Ministers to “have regard” to the “statutory purposes” of the Snowdonia National Park as required by Section 62 of the Environment Act 1995 before exercising their functions in relation to land in their control. The first statutory purpose of the Snowdonia National Park is defined in s61 as “conserving and enhancing the natural beauty, wildlife and cultural heritage”. The second purpose is “ promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public”. In the event of conflict the first purpose has “greater weight”. Since March 3, The Society has been attempting to seek confirmation that Welsh Ministers have acted lawfully by several Freedom of Information Act requests to see evidence. This information has not been supplied.

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The details of the action that the defendant is expected to take Suspension of the lease process and a full re-consideration of potential future use of the site taking into account the duty placed upon Welsh Ministers by Section 62. An undertaking not to proceed with the lease signing until this matter is resolved. We may seek an injunction.

7	The details of the legal advisers, if any, dealing with this claim To be advised.

8	The details of any interested parties A copy of this letter has been sent to the Snowdonia National Park Authority and Kemble Air Services Ltd

9	The details of any information sought An explanation of how Welsh Ministers have considered and discharged their s 62 legal duty. Despite several written requests this has not been provided.

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The details of any documents that are considered relevant and necessary A full statutory disclosure of all documentation held by Welsh Ministers relating to the site. This to include Ministers’ and officials’ consideration of environmental and legal factors taken into account prior to decision, records of consultations with public bodies and dealings with Kemble. In particular the Society wishes to see evidence that the s62 duty has been fulfilled.

11	The address for reply and service of court documents Ty Hyll, Capel Curig, Gwynedd LL24 0DS

12	Proposed reply date May 23, 2008. In any event we would ask that a reply is made before the lease is signed. Kemble have made public statements that they expect to be on the site in early June.