Important Judicial Review

A High Court judge will today and tomorrow consider whether the decision to grant planning permission for more than 600 homes on an Area of Outstanding Natural Beauty near Dover was lawful.

We have taken the plans for Farthingloe and the Western Heights to Judicial Review in a last ditch attempt to protect this beautiful and iconic landscape.

South across the valley to site B from Little Farthingloe Farm 2

View across the valley at Farthingloe, photo Brian Lloyd

Dover District Council has granted planning permission for 521 houses and a 90 dwelling retirement village in the AONB at Farthingloe and a large hotel on the historically important Western Heights.

We have discovered that the Government’s planning experts had recommended in 2013 that the then Secretary of State for Planning Nick Boles “call in” the application because of the question mark over justification of building in the AONB.

We finally have a copy of the un-redacted letter (dated 19 June 2013) recommending this, obtained after a two year process of Freedom of Information requests.

The two statutory advice bodies, Natural England and Kent Downs AONB Unit, as well as CPRE Kent and the National Trust all requested that the outline planning permission be called in for a public inquiry. The planned development would have a major detrimental impact on the AONB, was contrary to national planning policy, was not sustainable and was not part of Dover’s agreed Development Plan.

In the advice to the Secretary of State, the planning casework officer said: “If you decide not to call-in this application, this could place the protected landscape of the Area of Outstanding Natural Beauty at risk, leading to potential negative press coverage and reputation risk for the Government.”

There was shock and disappointment when the decision was made NOT to call in the application in July 2013. Planning permission was granted in April 2015.

“A Judicial Review is not a decision to be taken lightly,” said CPRE Kent Chairman Christine Drury. “But as this planning decision was so clearly wrong and so important it is now up to us to fight for the AONB through the Planning Court.  In planning law, AONB has the highest status of protection in relation to landscape and scenic beauty and we do not believe there are the exceptional circumstances to justify the destruction of this fantastic landscape.”

A High Court judge will consider the case for judicial review and hear the arguments on Tuesday and Wednesday this week (December 15th and 16th).  We expect the judgement early in the New Year.

December 9th 2015

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