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Disappointment at judgement over building in AONB

Elementary Admin
By Elementary Admin &
17th December 2015
High Court judge Mr Justice Mitting has rejected CPRE Kent’s grounds for Judicial Review of the decision to grant planning permission for more than 600 homes in the AONB at Farthingloe, Dover. But he said the charity was right to bring the case to test the planning system.
The plans at Farthingloe include 521 new houses, a 90 apartment retirement village, health facility and conversion of a farmhouse into a bed and breakfast, a thatched barn into a pub/restaurant and a stable block into a shop. All this development wopuld be on AONB land which is supposed to be protected under the National Planning Policy Framework (NPPF).An additional 31 homes are planned at Western Heights, as well as Victoria Hall being redeveloped for nine residential units and a 130-bedroom hotel, plus converting the famous Drop Redoubt into a new museum and visitor centre.
Dover Farthingloe from Mount Road Vic 030
CPRE Kent is not opposed to the principle of new housing development in the district but this should be in the right place, not on an AONB. And we are in favour of the proposed improvements of heritage assets, but this cannot justify the destruction of the AONB.

CPRE Kent Director Dr Hilary Newport said:
“We are utterly dismayed and disappointed at the judgement. It is vital that we protect Areas of Outstanding Natural Beauty for future generations and to allow this intensive building at Farthingloe makes a mockery of the whole planning system which is supposed to provide the highest level of protection for AONBs. The reality, when tested through the courts, is that it has failed to protect the AONB.

 
“We were compelled to take this action to try to stop the destruction of beautiful open countryside not just in Kent but across the country as it sets a dangerous precedent for future planning applications in protected areas. We, Natural England, the National Trust and the Kent Downs AONB unit all believed it was wrong to grant the planning permission and the Government’s planning caseworker recommended it should have been “called in” by the Secretary of State for Planning to consider at an appeal.
 
“We have been fighting this decision for years as it is so important and central to our cause. We are desperately disappointed but will never waver in our fight to protect the designated landscapes and wonderful countryside which are such a fundamental part of what makes Kent and England so special. We would like to thank all our members and supporters who backed us in this challenge.”
We are now considering our options.
December 17th 2015

  • A number of important documents have yet to emerge. For example, a rigorous transport plan and a finalised air-quality assessment. The latter is critical given that allocations at Teynham will feed extra traffic into AQMAs.
  • There seems to be no coherent plan for infrastructure delivery – a key component of the plan given the allocations being proposed near the already crowded Junction 7.
  • There seems to have been little or no cooperation with neighbouring boroughs or even parish councils within Swale itself.

The removal of a second consultation might have been understandable if this final version of the plan were similar to that being talked about at the beginning of the consultation process. It is, however, radically different in the following ways:

  • There has been a major shift in the balance of housing allocations, away from the west of the borough over to the east, especially around the historic town of Faversham. This is a move that raises many concerns.
  • A new large allocation, with accompanying A2 bypass, has appeared around Teynham and Lynsted, to which we are objecting.
  • Housing allocations in the AONB around Neames Forstal that were judged “unsuitable” by the council’s own officers have now appeared as part of the housing numbers.
  • Most of the housing allocations being proposed are on greenfield sites, many of them on Grade 1 agricultural land – a point to which we are strongly objecting.

Concerns about the rush to submit the plan

The haste with which the plan is being prepared is especially worrying given the concentration of housing in Faversham. If the town is to take a large amount of new housing, it is imperative that the policies concerning the area are carefully worked out to preserve, as far as possible, the unique nature of the town. The rush to submit the plan is likely to prove detrimental.

As Swale does not have a five-year land housing supply, it is open to speculative development proposals, many of which would run counter to the ideas contained in the current plan. Some are already appearing. This is a common situation, and one that, doubtless, is a reason behind Swale’s haste.

Our overriding fear, however, is that this emphasis on haste is ultimately going to prove counterproductive. This is because it is our view that the plan, in its current form, is unlikely to pass independent examination. We are urging Swale to listen to and act upon the comments being made about the plan and to return the plan to the council with appropriate modifications before submitting it to the Secretary of State.

Essentially, this means treating the current consultation not as the final one but as the ‘lost’ second consultation.

The consultation ends on Friday 30 April and we strongly urge residents to make their opinions known if they have not already done so.

Further information