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Farthingloe Valley saved as CPRE Kent wins battle in Supreme Court
CPRE Kent is delighted and relieved to announce that it has successfully defended the Appeal Court’s decision to quash a planning permission in the Kent Downs Area of Outstanding Natural Beauty (AONB) in the Farthingloe Valley near Dover.
The Supreme Court agreed with the Appeal Court that the Planning Committee at Dover District Council did not give legally adequate reasons for granting planning permission for more than 600 homes, which they acknowledged would cause significant harm in a protected landscape.
CPRE Kent Director Hilary Newport said: “This is the best possible news: we have been absolutely determined to save this beautiful and iconic area of countryside. Such significant harm to the AONB cannot be justified purely for economic benefit.
“This case is not just important to the people of Dover but for the principles of planning law; AONBs merit the highest possible level of protection. Today’s judgment confirms that not only was the decision flawed, but so was the planning committee’s decision-making process.”
When the application was originally considered, Dover District Council planning officers recognised the adverse impact and put forward comprehensive proposals to limit the damage to the landscape. Councillors rejected those mitigation proposals and granted permission anyway.
This permission was quashed by the Appeal Court in 2016 on the grounds that the planning committee did not give legally adequate reasons for permitting a scheme, against their officer’s advice, that they acknowledged would harm the AONB. The Supreme Court has now confirmed that the permission is quashed.
Kristina Kenworthy of CPRE Kent’s solicitors Richard Buxton Environmental and Public Law said: “This decision brings much needed clarity to the need for public authorities to give reasons for their decisions. The Supreme Court has confirmed that planning is not a special case: the need for transparency and scrutiny means that people are entitled to know what has been decided and why, and if necessary enable effective recourse to the courts. This decision should lead to more rigour, better planning – and less argument.”
CPRE Kent Chairman Christine Drury said: “We will never give up on our countryside. This was a really bad proposal which the planning officer tried hard to improve, and it should never have received permission. I would like to thank our legal team, our volunteers, our members and everyone who support us in protecting our countryside.”
Wednesday, December 6, 2017
See the judgment here: uksc-2016-0188-judgment
- A number of important documents have yet to emerge. For example, a rigorous transport plan and a finalised air-quality assessment. The latter is critical given that allocations at Teynham will feed extra traffic into AQMAs.
- There seems to be no coherent plan for infrastructure delivery – a key component of the plan given the allocations being proposed near the already crowded Junction 7.
- There seems to have been little or no cooperation with neighbouring boroughs or even parish councils within Swale itself.
The removal of a second consultation might have been understandable if this final version of the plan were similar to that being talked about at the beginning of the consultation process. It is, however, radically different in the following ways:
- There has been a major shift in the balance of housing allocations, away from the west of the borough over to the east, especially around the historic town of Faversham. This is a move that raises many concerns.
- A new large allocation, with accompanying A2 bypass, has appeared around Teynham and Lynsted, to which we are objecting.
- Housing allocations in the AONB around Neames Forstal that were judged “unsuitable” by the council’s own officers have now appeared as part of the housing numbers.
- Most of the housing allocations being proposed are on greenfield sites, many of them on Grade 1 agricultural land – a point to which we are strongly objecting.
Concerns about the rush to submit the plan
The haste with which the plan is being prepared is especially worrying given the concentration of housing in Faversham. If the town is to take a large amount of new housing, it is imperative that the policies concerning the area are carefully worked out to preserve, as far as possible, the unique nature of the town. The rush to submit the plan is likely to prove detrimental.
As Swale does not have a five-year land housing supply, it is open to speculative development proposals, many of which would run counter to the ideas contained in the current plan. Some are already appearing. This is a common situation, and one that, doubtless, is a reason behind Swale’s haste.
Our overriding fear, however, is that this emphasis on haste is ultimately going to prove counterproductive. This is because it is our view that the plan, in its current form, is unlikely to pass independent examination. We are urging Swale to listen to and act upon the comments being made about the plan and to return the plan to the council with appropriate modifications before submitting it to the Secretary of State.
Essentially, this means treating the current consultation not as the final one but as the ‘lost’ second consultation.
The consultation ends on Friday 30 April and we strongly urge residents to make their opinions known if they have not already done so.
Further information
