Farthingloe appeal: decision expected by Christmas

The fight goes on… the Farthingloe Valley near Dover

Now all we can do is wait…

The latest stage of CPRE Kent’s battle to save the Farthingloe Valley in the Kent Downs Area of Outstanding Natural Beauty (AONB) was heard in the Supreme Court on Monday (October 16).

The court was hearing the appeal by Dover District Council (DDC) and China Gateway International Ltd against the Court of Appeal’s quashing of planning permission for an unprecedentedly large development in an AONB.

The Judgment from the Court of Appeal in September last year said DDC’s planning committee had failed to provide adequate reasons for granting permission.

Monday’s appeal featured no small amount of legal complexity, but the central issue was the standard of reasons in Environmental Impact Assessment cases, while the court also wished to consider “the source, nature and extent” of a local planning authority’s duty to give reasons generally.

The appeal was heard by justices Lady Hale, Lord Wilson, Lord Carnwath, Lady Black and Lord Lloyd-Jones, while the CPRE legal team comprised John Howell QC with Ned Westaway as supporting barrister, instructed by solicitors Richard Buxton and Kristina Kenworthy.

A decision from the court is expected by Christmas.

  • Fighting for Kent’s countryside is inevitably expensive at times like this. If you can donate a sum, however large or small, please visit here 
  • For more on this story, visit here

    Wednesday, October 18, 2017

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