You couldn't make it up!

Bath resident, Carlo Ambrosino, recently lodged a legal challenge against B&NES' officers on the grounds of the common law offence of Misfeasance. This pertains to questions regarding the first vote at the DDC meeting on 8 July 2009 where Councillors voted 6-5 against the Newbridge planning application. Mr Ambrosino had written to the Council asking for details of the legislation that allows them to ignore the vote. As the Council have refused to reply to this correspondence, yet continued as though there was a legitimate answer to the enquiry, technically various officers have committed the common law offence of Misfeasance in a public office.

The court case was due to be heard on 16 November 2009. However, B&NES neglected to send a representative to defend the Council's standpoint claiming later that they did not need to attend. This opinion clearly differed from that of the Judge as a hearing was re-scheduled for 20 November 2009. Mr Ambrosino was unable to make this meeting, however, the Council's barrister did and apparently attempted to persuade the Judge to hear the case anyway. When asked why a B&NES' representative had failed to attend the original court case, the barrister replied that the Council didn't feel it was necessary as there was no case to answer.

The Judge has now set a provisional date of 4 December 2009 with double the previous time allocation.

Bath Heritage Watchdog's website contains further details and there is also a report in the Bath Chronicle.