We hope to hear soon the outcome of Wednesday’s (May 8) Court of Appeal hearing of Gladman Developments Ltd’s Pond Farm challenge.
The decision is viewed as hugely important in the battle to have air quality considered fully in planning policy.
CPRE Kent was at the court last week as an Interested Party supporting the Secretary of State for Communities and Local Government’s renewed defence of an inspector’s dismissal of two linked appeals made by the developer.
They had been made by Gladman against Swale Borough Council’s non-determination of planning permission for a housing scheme at Pond Farm, Newington.
To give you the backdrop to events, back in November 2017 the High Court dismissal of Gladman’s appeals against an earlier planning decision represented the first instance of air quality proving a critical factor in such a judgment. CPRE Kent had given evidence in that hearing.
The saga had begun with the council’s rejection of Gladman’s plans for up to 330 homes and 60 residential and care units at Pond Farm on the grounds of harm to the landscape and increased air pollution, the latter factor relating specifically to the impact on the council’s Air Quality Management Areas at Newington and Rainham.
Gladman subsequently challenged that decision, but the Secretary of State’s inspector dismissed both of its appeals because of “the substantial harm that the appeal proposals would cause to the character of a valued landscape and their likely significant adverse effect on human health”.
Not content with that, Gladman then contested that dismissal on the grounds of the inspector’s treatment of future air quality and mitigation; the decision in relation to the Newington air quality action plan; and the decision’s claimed conflict with the emerging development plan for the village.
And (in November 2017) Mr Justice Supperstone of the High Court ruled that none of Gladman’s grounds of appeal had succeeded and dismissed its latest challenge.
However, Gladman subsequently won permission to take its case to the Court of Appeal, hence Wednesday’s hearing.
Pond Farm: the story so far…
- Swale Borough Council refuses Gladman planning permission for 330 homes and 60 residential and care units
- Gladman makes two linked appeals against council’s refusal
- Planning inspector dismisses both Gladman appeals
- Gladman challenges inspector’s dismissal of its appeals
- Gladman challenge is dismissed in High Court
- Gladman takes case to Court of Appeal
- Court of Appeal case heard on Wednesday
Monday, May 13, 2019