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

Plans are back for a bigger Kent Science Park… oh, and 11,000 houses

An image of rural life in north Kent… but for how much longer will this chime true?

It wasn’t so very long ago that we were wishing you all a happy Christmas and New Year. Those sentiments still stand, of course, but all too predictably a large dark cloud has loomed over the horizon to dim any remaining festive thoughts.
We refer to the re-emergence of plans to extend Kent Science Park on the edge of Sittingbourne… and how they have re-emerged!
This long-running venture has had a range of incarnations, but the scale of the latest proposal is staggering, entailing the building of a new town to the east and south of Sittingbourne, together with commercial development and a relief road.
To quote one local woman, Monique Bonney, an Independent councillor on Swale Borough Council, the whole thing is “monstrous” and “a disaster for the local rural villages and town”. To be precise, the proposals particularly affect south Sittingbourne, Rodmersham, Tunstall, Bredgar, Milstead and Bapchild.
No planning application has yet been made, but the developers have applied to Swale council for an EIA (Environmental Impact Assessment) Screening Opinion – the first stage in asking the local authority to judge if an EIA will be needed.
The application, which can be found here, reads: “The EIA (Environmental Impact Assessment) Screening Opinion is for a mixed-use development including up to 11,250 residential dwellings, commercial space (circa 120,000 sqm/1.2 million sqft), new infrastructure to create new junctions onto the M2 and A2 joined by a new relief road, new retail and health facilities, leisure facilities, educational facilities and community facilities at land to the south and east of Sittingbourne.”
That’s right… more than 11,000 houses are being targeted for this attractive rural area.
Cllr Bonney said: “Historically, the previous grandiose Kent Science Park proposals have been thrown out by government planning inspectors during the last three Local Plan cycles over the last 12 years or more, allowing only a small extension on one side of the site that has not materialised.
“Locals should not be railroaded by this new plan, especially given all previous concerns over the environmental constraints (high-grade agricultural land, countryside gaps and the Area of Outstanding Natural Beauty (AONB), ancient woodlands and local road infrastructure, with its devastating consequences on the rural lane network.”
Talking about how best to tackle the scheme, Cllr Bonney said: “We need as much help as possible from all the locals around Rodmersham, Bapchild, Tunstall, Bredgar and Milstead.
“The Five Parishes Opposition Group (FPOG) – made up of a representative from each of Rodmersham, Bapchild, Milstead, Tunstall and Bredgar parish councils – will actively lobby against this proposal, but we need your help, too.
“Follow FPOG here and our Facebook page here.” 
And finally, an appeal: “FPOG would welcome any offers of help and resources with regard to planning, environmental consultants, transport consultants, funding and donations.
“Please contact me at montybon1@aol.com or FPOG through its website.”
Here we go again…

Friday, January 5, 2018