David v Goliath. A Judicial Review.

On Thursday the 25th January at the Royal Courts of Justice in London, at The Queen’s Bench Planning Division, an application for a judicial review will be heard between Mr. Tim Steer (pictured) v Shepway District Council. 

The matter relates to the consent of planning application Y16/0623/SH (item 2) granted by Shepway District Council Planning & Licensing Committee on the 28th February 2017.

Little Densole Farm was granted planning permission for 12 holiday lodges along with a tennis court etc to be sited in an Area Of Outstanding Natuaral Beauty (AONB) (pictured). It was Proposed by Cllr Dick Pascoe, seconded by former Cllr Peter Simmons and

RESOLVED that planning permission be granted and the Head of Planning be granted delegated authority to negotiate with the applicants the detail of the conditions to be imposed. (Voting: For 8; Against 2; Abstentions 1)

The grounds which have been accepted for the Judicial Review are :-

• (i) Failure to consider and apply relevant national policy

• (ii) Irrational finding that development would not harm the AONB 

• (iii) Failure to provide proper and substantial reasons

One ground was disallowed the following claim

• (iv) Failure to consider and apply relevant development plan policy

A cost cap of £10,000 has been found reasonable and proportionate in all the circumstances.

On ground (iii) Failure to provide proper and substantial reasons, a recent case between CPRE v Dover District Council discussed this very point. In that case the Supreme Court declared that Dover District Council Planning Committee failed to give legally adequate reasons for their decision to grant planning commission.

We wish Mr Steer the best of luck in his judicial review against Shepway District Council.

The Shepwayvox Team