De Haan loses reserved matters application 24/0505/FH

It has long been the case that local planning authorities must give reasons for refusing planning permission or imposing conditions. This is because there is a statutory right of appeal against the refusal or the conditions. The current order (Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595) section 35(1) states:

When the local planning authority give notice of a decision or determination on an application for planning permission or for approval of reserved matters—

It goes onto say at (1)(b)

where planning permission is refused, the notice must state clearly and precisely their full reasons for the refusal, specifying all policies and proposals in the development plan which are relevant to the decision;

The members of the Folkestone planning committee on 21 Jan 2025, had the unenviable task on deciding upon the reserved matters application, 24/0505/FH for plots F, G & H.

The recommendation to approve, as suggested in the Officers report was refused, 4 Cllrs were in favor and six against.

This then meant Cllrs then needed to put forward a motion to refuse the application, setting out clearly and precisely their full reasons for refusing the application, and voting on it. We keep the reasons brief, but there were five

1 – insufficient park

2 – The housing mix would provide an inappropriate mix to cater for existing residents or key employees and as result would not meet the affordable housing requirements as set out in plocy

3- The impact and scale, the development and the frontage of the development on the Harbour station.

4 – Development out of keeping with the known heritage assets and the significance of the harm to those assets.

5 – Height and design would harm visual amenity and affect the town

This vote went as follows 

For – Cllr Mike Blakemore (Green), Cllr Laura Davison (Lab), Cllr Tony Cooper (Lab), Cllr Rebecca Shoob (Green) and Cllr Belinda Walker (Lab)

Against – Cllr Jenny Hollingsbee (Con) Cllr Gary Fuller (Lib Dem); Cllr Anita Jones (Green), Cllr Paul Thomas (Ind)

One abstention – Cllr Polly Blakemore

Given the vote, the motion to refuse 24/0505/FH Plots F, G & H was passed.

However, we suspect this will not be the end of the matter, and Sir Roger, who was present, and spoke in support of his application, may well appeal to either the Planning Inspectorate, or by way of Judicial Review.

Perchance Sir Roger does appeal, to prepare for battle will cost the council a large sum of money. However, that said, the people’s opinion has been expressed via the planning committee, but if their decision is challenged – which is probable – the only opinion which will matter is either the planning inspector’s or the judge’s.

The Shepway Vox Team

Dissent is NOT a Crime