New Portobello High School - PPAG win legal appeal

[little miss moffat]

Can anyone explain something to me please.

Portobello Park Action Group is surely a group that discusses and puts forward proposals re Portobello Park. Now, if this is a legitimate group, it's membership should be open to all members of the local community. So, why can most members of the community not join this group? By locals joining this group and enlarging it, surely any decisions would be taken by the majority? Or..... am I correct in thinking that this is a group of small minded individuals who started this group solely for their own interests?

[regent]

If the council go to court and get a decision that the land is not common good, can there be an appeal of that decision?

[wangi]

lil ms moffat - PPAG's constitution attached, best of luck with your membership.

L/

[tufty]

Got 2nd year tracking report home tonight, youngest Tufty has achieved straight Excellents. Now he may be a bit of a clever clogs, but he needed the teachers to do it.
Yet again the staff at Porty have delivered exactly "what it said on the tin", even though it's badly bashed from over use.

[Porty]

Well done young Tufty!!! And PHS.

[seashell]

Got 2nd year tracking report home tonight, youngest Tufty has achieved straight Excellents. Now he may be a bit of a clever clogs, but he needed the teachers to do it.
Yet again the staff at Porty have delivered exactly "what it said on the tin", even though it's badly bashed from over use.

Well done to young Tufty and to all the staff and pupils at PHS who do their best under very trying circumstances.

Here's hoping they get the school they deserve.

[little miss moffat]

lil ms moffat - PPAG's constitution attached, best of luck with your membership.

L/

Thank You. I don't think I will be applying to join lol.

[Porty]

Prior to rushing to court the Council ought to engage with PPAG and their Counsel and ask them to share the CG evidence they have. Could stop any potential court case in its tracks and preserve the recent judgment.

[Bob Jefferson]

There was a list of us at one time, and I think a wee video that went along with it. It looks as if there are more people barred from the site than are members of it.

This was just the first batch of people to be barred. The list is much longer now.

[neilking]

Got 2nd year tracking report home tonight, youngest Tufty has achieved straight Excellents. Now he may be a bit of a clever clogs, but he needed the teachers to do it.
Yet again the staff at Porty have delivered exactly "what it said on the tin", even though it's badly bashed from over use.

I think this is the best post I've so far seen on this thread.

[David Robertson]

Hello David and Welcome, I am a new member (of only a few days) myself. Just call me LMM, my name is toooo long lol.

Good evening LMM, many thanks for the welcome.

[David Robertson]

lil ms moffat - PPAG's constitution attached, best of luck with your membership.

L/

Are there any lawyers on here who have looked at the Constitution of the PPAG ?

I wonder if there is a fundamental flaw in it ?

[wangi]

Got 2nd year tracking report home tonight, youngest Tufty has achieved straight Excellents. Now he may be a bit of a clever clogs, but he needed the teachers to do it.
Yet again the staff at Porty have delivered exactly "what it said on the tin", even though it's badly bashed from over use.

[Porty]

Are there any lawyers on here who have looked at the Constitution of the PPAG ?

I wonder if there is a fundamental flaw in it ?

I doubt it. They are very methodical, check and double check everything prior to publishing.

[David Robertson]

I doubt it. They are very methodical, check and double check everything prior to publishing.

Does that mean you doubt any lawyers whave had a look at it or you doubt it has flaws ?

I think there is a fundamental flaw in this constitution !

I spent years at University with Middle class..... who had a fortune spent on their education and who could not get drunk in a distillery.

I also think this was drafted by a bar room lawyer as they (in my opinion) will not spend money on something they think they can do themselves.

[Porty]

Sorry David I was being sarcastic. PPAG won't pay an heed to their constitution whatever it says.

[David Robertson]

Sorry David I was being sarcastic. PPAG won't pay an heed to their constitution whatever it says.

I am sure they won't but unfortunately the legal system and courts will.

Once a constitution is adopted -and I am assuming here it has been adopted - it must be adhered to and if it is not PPAG may be operating "Ultra Vires"or outwith their powers.

If on appealing the original Court decision they were operating Uirtra Vires them their appeal could be set aside as invalid.

[Sceptic]

There is much talk backwards, forwards, having a mandate, not having a mandate etc., etc..

How about, at the next election for the Council, we just have TWO candidates, one for PFANS and one PPAG. the one who wins...............................

Mind you, we might still be left with what we have just now, totally ineffective %^&*^%$!

[David Robertson]

There is much talk backwards, forwards, having a mandate, not having a mandate etc., etc..

How about, at the next election for the Council, we just have TWO candidates, one for PFANS and one PPAG. the one who wins...............................

Mind you, we might still be left with what we have just now, totally ineffective %^&*^%$!

It would depend upon whther the appeal to the orignal decision was made inthe name of PPAG or individuals, does anyone know ?

I doubt PPAG would put up a candidate it would be pointless and you are correct nothing would change.

PPAG - or one or more of their members - took this legal by appealing the decision so they cannot shut the legal door now.

[seanie]

They put two candidates up back in 2007. Thought about a PFANS candidate at the last election when the appeal was announced, but it was the day before the deadline for nominations and there wasn't time.

[Maria]

It would depend upon whther the appeal to the orignal decision was made inthe name of PPAG or individuals, does anyone know ?

The judgement itself names the PORTOBELLO PARK ACTION GROUP ASSOCIATION as the Petitioners and Reclaimers.

[David Robertson]

It would depend upon whther the appeal to the orignal decision was made inthe name of PPAG or individuals, does anyone know ?

The judgement itself names the PORTOBELLO PARK ACTION GROUP ASSOCIATION as the Petitioners and Reclaimers.

Thank you.

If that is the case thenI think in petitioning the Court they have acted outwith their own Constitution and therefore their petition may not have been competent.

Does anyone have a signed and dated copy of this Constitution ?

[Porty]

I think they had to produce the constitution for the Community Council at the last elections.

[Doris]

Library?

[Porty]

Evening News
Alison Connelly, spokeswoman for PPAG, which has been fighting plans for a replacement Portobello High School on the park since 2006, said the group was “very surprised” by Mr Wightman’s claims.

“We are even more surprised at the suggestion that the council did not fully consider the facts before accepting that it is,” she added.

“Our view that it is common good land is supported by the senior counsel legal opinion that we obtained back in 2006. We are still confident that Portobello Park is common good land and we cannot see any merit in creating yet further delay in the provision of a new school by stepping backwards rather than forwards.”

I'm greatly encouraged by the lack of substance and conviction in Alison's statement.

[Porty]

And around an hour ago on the Evening News:

I feel obliged to respond to the allegations being bandied about here. I am an independent writer and researcher. Neither the Council, PFANS nor PPAG have ever nor are they currently paying me for anything. As for whether I should have known what I now know all along - it was never my job to investigate the common good status of Portobello Park. I was asked for some advice in 2006 and I gave it. I then moved to Ethiopia for two years until June 2008. Only in the last 6 months have I had anything once more to do with the situation. Information has been made available to e that I had never seen and I have said in public what I think this means. End of.

[seashell]

Evening News
Alison Connelly, spokeswoman for PPAG, which has been fighting plans for a replacement Portobello High School on the park since 2006, said the group was “very surprised” by Mr Wightman’s claims.

“We are even more surprised at the suggestion that the council did not fully consider the facts before accepting that it is,” she added.

“Our view that it is common good land is supported by the senior counsel legal opinion that we obtained back in 2006. We are still confident that Portobello Park is common good land and we cannot see any merit in creating yet further delay in the provision of a new school by stepping backwards rather than forwards.”

I'm greatly encouraged by the lack of substance and conviction in Alison's statement.

And of course an opinion is just that - an opinion. Moreover, it is written by someone who is getting paid handsomely for their troubles.

[Sceptic]

"Common Good", a peculiar phrase.

The "Common Good" of Duddingston Crescent, part of Milton Road & Park Avenue?

The "Common Good" of the people of Portobello?

The "Common Good" of the people of Edinburgh?

To whose "Common Good" is this piece of land, currently used as a canine toilet, being saved, and why?

[little miss moffat]

Does anyone have a signed and dated copy of this Constitution ?

You could try:
http://www.oscr.org.uk/

Thanks Bob, for posting the video lol.

[Doris]

Re: PPAG Constitution - did Wangi not post a link yesterday on this thread?

admin: see http://forum.talkporty.org/viewtopic.php?p=95380#p95380

[rmolehusband]

Alison Connelly was quoted in the Evening News as saying...

"Our view that it is common good land is supported by the senior counsel legal opinion that we obtained back in 2006. We are still confident that Portobello Park is common good land and we cannot see any merit in creating yet further delay in the provision of a new school by stepping backwards rather than forwards.”

The gall and hypocrisy of the woman is staggering.

The quickest way to a new school is still to build on Porty Park, even allowing for the delay in sorting out the current legal obstacle. As for delay, the sole reason the school construction is not now under-way was PPAG's dogged determination to push their selfish objections in the face of overwhelming community support for the plan.

[portygeoff]

PPAG Constitutaion page 21 near the bottom

[neilking]

PPAG Constitutaion page 21 near the bottom

My copy only has 11 pages

[Pal of Porty]

All this is playing havoc with my constitution!

[Doris]

Neil, I think the page 21 was a reference to where it appears on this forum