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CPRE Kent prepares to challenge government in National Landscape battle

David Mairs
By David Mairs
16th December 2024

‘We will not roll over without a fight and allow our most treasured landscapes to be wrecked on the altar of political dogma or expediency’

CPRE Kent, the countryside charity, is preparing to take legal action against the government’s decision to permit a housing development in the High Weald National Landscape.

The charity’s action, which relates to the granting of planning permission for 165 houses at Turnden, near Cranbrook, comes against the backdrop of a range of planning changes that seem set to drastically weaken the protection of our countryside.

Andrea Griffiths, CPRE Kent director, said: “This is a site within a designated National Landscape, where there is already a policy-compliant housing supply.

“The approval for the proposed scheme appears designed to send a message to developers that anywhere in our countryside is up for grabs, whatever level of protection a site might have.

“As the countryside charity, CPRE Kent will not roll over without a fight and allow our most treasured landscapes to be wrecked on the altar of political dogma or expediency.”

CPRE Kent has initiated legal proceedings by issuing a pre-action protocol letter as a preliminary step to challenging the decision, made by Housing Minister Matthew Pennycook on behalf of Housing Secretary Angela Rayner.

“The challenge is based on the enhanced duty of decision-makers under the Countryside and Rights of Way Act 2000 to seek to further the purpose of conserving and enhancing the national landscape,” said Ms Griffiths.

“We believe that the case is of wider significance for the standard of statutory protection that such landscapes enjoy.”

Last month’s decision effectively overturned an earlier refusal by previous Secretary of State Michael Gove.

Mr Gove had agreed with CPRE Kent’s argument that the scheme did not meet the strict planning policy tests required to justify development in National Landscapes (formerly Areas of Outstanding Natural Beauty).

Berkeley Homes successfully challenged Mr Gove’s decision in court, leading to the quashing of that decision and ultimately November’s decision by Mr Pennycook.

CPRE Kent accepts fully the need to build more affordable homes in sustainable locations, but this should not entail damaging protected landscapes.

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Planning permission has been granted for 165 houses at Turnden, near Cranbrook