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CPRE Kent: we’ll never apologise for standing up for the countryside
In response to recent criticism of the Aarhus Convention after our judicial review action concerning the Turnden development in the High Weald National Landscape, CPRE Kent is clear: we make absolutely no apology for standing up for England’s precious countryside and its protected landscapes.
Contrary to recent claims, the delays and frustrations in the Turnden case were not due solely to CPRE Kent’s challenge under Aarhus rules. In fact, the original decision refusing permission for 165 homes at Turnden was made on April 6, 2023, by the then Conservative Secretary of State, Michael Gove.
It was the developer, Berkeley Homes, that initiated a judicial review, subsequently overturning the government’s original decision and causing significant delays. A revised decision was only issued on November 22, 2024.
It is disingenuous, therefore, to place blame for delay solely at the feet of CPRE Kent and the Aarhus Convention. Aarhus exists precisely to allow local communities and environmental charities to ensure accountability and transparency in planning decisions that shape the future of our countryside.
The recent case at Turnden was brought because we and others felt the government had failed to adequately explain how granting permission for a scheme that harmed a protected landscape could possibly align with the strengthened statutory duty to actively protect National Landscapes (formerly known as Areas of Outstanding Natural Beauty).
Though we were naturally disappointed by the court’s ruling, we stand by our action, which has clarified this critical area of law. Importantly, the legal issue we raised was recognised by the judge who granted us permission to bring the case as one of real significance for the planning system as a whole, with implications reaching far beyond Turnden to affect all National Parks and National Landscapes across the country.
We note with concern recent political pressures, notably from figures such as Robert Jenrick MP, to renegotiate or abandon the Aarhus Convention. The Westferry development case in east London, in which Mr Jenrick approved a major housing scheme involving a Conservative Party donor, only for that decision to be withdrawn following legal proceedings over apparent bias, highlights precisely why the Aarhus Convention’s protections matter.
The Aarhus Convention is essential for democratic accountability. It helps ensure transparency in decision-making and acts as a safeguard against the misuse of political power.
CPRE Kent will continue to stand up unapologetically for our countryside, ensuring that those in positions of power act responsibly and transparently, protecting our environment not just for today but for future generations.
