The renewed threat to develop the Farthingloe Valley in the Kent Downs AONB has been confirmed.
We reported in June last year (see here) that applicant China Gateway International had requested Dover District Council provide a scoping opinion for an updated environmental impact assessment in preparation for a renewed application at the site.
This followed the Supreme Court’s confirmation, in December 2017, that planning permission for more than 500 houses and a 90-apartment retirement village at Great Farthingloe Farm, together with associated development at nearby Western Heights, remained quashed.
That case had been brought about by CPRE Kent challenging DDC’s granting of planning permission for the scheme in 2015.
The Supreme Court was backing the Court of Appeal’s verdict that DDC planning committee had not given legally adequate reasons for approving the application. DDC had challenged that Court of Appeal decision, necessitating the Supreme Court case.
Now, however, CGI has submitted “updated application documents” prior to redetermination by DDC.
The letter of submission from planning consultancy RPS, written on behalf of CGI, says: “The scheme has been subject to minor beneficial changes, incorporating advice from DDC and consultees.
“This has resulted in one change to the description of the development, reducing the number of residential units at Farthingloe from 521 to 512 units.”
Responding to the news, Hilary Newport, CPRE Kent director, said: “CPRE Kent maintains its original objections to these proposals.
“There is no doubt that we need to solve the housing shortage facing both rural and urban areas, but we must build the right types of housing in the right places.
“The Farthingloe part of the site is a designated Area of Outstanding Natural Beauty (AONB), which should be given the highest levels of protection, and these plans represent a grossly inappropriate incursion to this protected landscape.
“We know that the housing affordability crisis is particularly acute in the South East, yet these proposals will deliver no affordable or social housing at all; they will not provide the homes which are so desperately needed in the district. There is still no justification for sacrificing such a large area of AONB.
“We are particularly disappointed that the promoters still claim that the Farthingloe site is brownfield when it is clearly not – a quick check of Dover District Council’s own brownfield register confirms this. Part of the the site was used briefly as temporary accommodation land during the construction of the Channel Tunnel, but temporary permission for such uses does not grant brownfield status.
“Although DDC granted permission for this project, the Court of Appeal judged that its decision was wrong, since its planning committee failed to give legally adequate reasons for allowing substantial harm to an AONB.
“DDC chose to take that decision to the UK Supreme Court, where CPRE Kent had no option but to defend this challenge if we wished to see this site remain protected.
“And in December 2017 the Supreme Court Judgment confirmed its agreement with the Court of Appeal that there was no legally adequate justification to grant this permission.
“We can see no reason the legal position will be any different for the application this time around, since there is so little difference from the original proposals.”
Tuesday, February 19, 2019