Victory as judges quash planning permission at Farthingloe

We are delighted that we have today (14 September) won an important victory in our lengthy legal battle to save an Area of Outstanding Natural Beauty at Farthingloe near Dover.

Two judges at the Court of Appeal have quashed the planning application to build 521 homes and a 90 apartment retirement village.

Lord Justice Laws and Lord Justice Simon allowed the appeal against last December’s judicial review on the basis that Dover District Council’s planning committee failed to give legally adequate reasons for granting permission, contrary to an officers’ recommendation which had made “trenchant criticisms” of the density, layout and design of the proposed development.

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Council planning officers had made huge efforts to mitigate the harm while ensuring the scheme was still financially viable. They recommended a reduction in the number of homes to 375 and changes to the density and design to protect the most sensitive part of the landscape. This was ignored by both the developer, China Gateway, and the planning committee.

CPRE Kent Chairman Christine Drury said: “This is excellent news – we have been absolutely determined to save this beautiful and historic area of countryside. The developer and planning committee knew the scale of the development – one of the largest ever proposed for an AONB – would cause severe damage but rejected all efforts to mitigate this. This case is not just important to the people of Dover but for the principles of planning law because AONBs have the highest possible level of protection.”

In his judgment, Lord Justice Laws acknowledged that it was “an unusual case” and that “the scale of the proposed development is unprecedented in an AONB”. He said: “A local planning authority which is going to authorise a development which will inflict substantial harm on an AONB must surely give substantial reasons for doing so.”

He went on to conclude: “I consider that the Committee (Dover Planning Committee) failed to give legally adequate reasons for their decision to grant planning permission.”

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CPRE Kent, Natural England, the Kent Downs AONB Unit and the National Trust all opposed the decision at the time and it is astounding that the case was not called in by the Secretary of State despite the strongest advice to do so from his own advisors.

Christine Drury added: “This is exactly why CPRE is here – we will never give up on the countryside. I would like to thank our legal team, our members and everyone who supports us in our campaigning.”

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Read the judgment here.

September 14th 2016

Stour Park will harm landscape and heritage

We have raised concerns about the huge scale of a planned warehouse development near Ashford and its impact on the important landscape and heritage setting.

The developers of Stour Park, Friends Life Ltd, have applied for permission to build enormous warehouses, 16 metres tall and covering an area the size of 31 football pitches (160,000 sq m). The site, next to Sevington and Mersham villages, is identified for commercial development in the local plan.

Sevington, photo The Village Alliance

Sevington, photo The Village Alliance

We are concerned that the masterplan does not provide sufficient guidance to ensure that the harm to sensitive heritage, landscapes and communities is minimised and appropriately mitigated. The site is close to the medieval grade 1 listed St Mary’s Church and the North Downs Area of Outstanding Natural Beauty. It is essential that a sensitive approach to important views (heritage and landscapes), ecological mitigation, landscaping and building heights, colour, materials and orientation are agreed from the outset.

St Mary's Church, Sevington, photo The Village Alliance

St Mary’s Church, Sevington, photo The Village Alliance

Chairman of CPRE Kent’s Ashford Committee, Dr Hilary Moorby said: “We need to protect the setting of this important church and the AONB. The sheer scale of these giant buildings will change this beautiful rural area dramatically and everything possible must be done to minimise the harm.” Continue reading