Pond Farm: now we wait

CPRE Kent was involved in Wednesday’s Court of Appeal hearing (pic BBC)

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

Pond Farm… here we go again

Pond Farm…back in the firing line (pic Vicky Ellis)

You might be getting used to long-running planning battles that can seem to become mired in near-unfathomable legal complexity.
One such is the battle for Pond Farm at Newington, which is due to re-emerge at the Court of Appeal next week.
Back in November 2017, the dismissal in the High Court of a developer’s appeal against an earlier planning decision represented the first instance of air quality proving a critical factor in such a judgment.
CPRE Kent had been in the High Court giving evidence as the Secretary of State for Communities and Local Government defended a planning inspector’s dismissal of two linked appeals made by Gladman Developments Ltd against Swale Borough Council’s refusal of planning permission for its scheme at Pond Farm.
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 and it is due to be heard next week on either Wednesday 8 or Thursday 9, May.
CPRE Kent will be involved as an Interested Party supporting the Secretary of State’s position.

Monday, April 29, 2019