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Seeking leave to appeal Judicial Review decision on Farthingloe
As you know CPRE Kent is challenging Dover District Council’s decision to grant planning permission for more than 600 homes on the Area of Outstanding Natural Beauty (AONB) at Farthingloe. We took our challenge to the High Court for Judicial Review on 15/16 December. The judge agreed that this was an important case, but did not accept our arguments in favour of protecting the AONB. We are continuing to challenge this very wrong decision.
We have today (January 6th) applied to ask the Court of Appeal to consider the issues raised by the Farthingloe application, which the High Court acknowledged were “important”. Dover District Council’s planners recognised that the Kent Downs AONB would be seriously damaged if this development goes ahead, without any mitigation of the harm that would be caused. Planning permission was granted on the basis of a “composite” planning application which would include the housing development at Farthingloe and a contribution to work at the Western Heights Drop Redoubt. We maintain that this was unlawful, went against planning regulations and must be fought. We have decided to take this next step because protection of the Kent countryside, particularly the designated landscapes of AONBs which should be protected by law, is fundamental to our cause.
We will update further when we hear back from the Court of Appeal.
For more on the Judicial review see here and here.
January 6th 2016
- 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
