Folkestone & Hythe District Council Wastes £26K Fighting Three Flats in Cheriton – and Loses in Court

In a saga that began with a modest plan to replace derelict garages at The Old Laundry, Bowen Rd, Cheriton, Folkestone & Hythe District Council (FHDC) has now found itself the subject of widespread ridicule – after blowing more than £26,000 of taxpayer money on a failed legal crusade against three one-bedroom flats.

The case centred on “The Old Laundry” on Bowen Road in Cheriton – a dilapidated site long past its usefulness – and a simple planning application lodged by developer David Clark back in November 2021, which The Shepway Vox Team wrote about in Dec 2024. The plan? To demolish the crumbling former workshop and replace it with three modest flats on a brownfield site, already earmarked in the Local Plan for sustainable redevelopment.

But instead of welcoming the regeneration, FHDC spent nearly four years – and tens of thousands of pounds – fighting tooth and nail to block it.

And they lost. Resoundingly.

A Comedy of Bureaucratic Errors

At every turn, the council seemed determined to shoot itself in the foot.

It took FHDC nearly two years to issue its decision – a refusal based largely on the claim that one of the flats fell six square metres short of internal space standards. Despite Policy HB3 encouraging flexibility, the council rejected the scheme, citing poor amenity, lack of balconies, and an inadequate “level of outlook.”

Yet the council’s own planning officer admitted that the homes were “generally acceptable in principle,” and conceded the site’s location – near parks and recreation grounds – offered ample access to outdoor space.

When the applicant appealed to the Planning Inspectorate, the Inspector delivered a stinging rebuke.

The decision, issued on 6 August 2024, accused the council of failing to conduct any kind of balancing exercise, neglecting the benefits of the scheme – including the removal of an eyesore, new homes during a national housing crisis, and redevelopment of a sustainable site.

Most damning of all, the Inspector said the council’s approach “could be seen as amounting to unreasonable behaviour.”

Council Doubles Down – and Loses Again

Instead of cutting their losses, FHDC sought judicial review – dragging the matter before the High Court in a move that left residents, developers and planning experts alike baffled.

Deputy High Court Judge Tim Smith dismissed the council’s case on every count on 6 June 2025.

The court found no legal error in the Inspector’s reasoning and made clear that the council’s gripes did not come close to warranting a judicial intervention. The council was ordered to pay £14,900 to the Secretary of State in legal costs – on top of its own, estimated at around £11,500.

Total bill to local taxpayers: more than £26,000.

All for a development involving three flats, no higher than the existing building, on a brownfield plot in desperate need of regeneration.

A Colossal Waste of Time and Money’

Nigel Brown, the architect acting on behalf of Mr Clark, was incredulous.

“It has been a colossal waste of time and money for all involved,” he said. “We’re baffled as to why FHDC pursued this to such a degree. The planning gains were significant. This was a derelict building in an area crying out for housing.”

Former planning consultant and local resident Albert Lewis was more scathing:

“This is a waste of taxpayers’ money on a pointless legal challenge. An egregious use of public funds at a time when councils are under enormous financial pressure.”

And pressure is certainly the word. FHDC’s leader Jim Martin (pictured) admitted last year that upon taking office, he was informed by the chief executive of a £4.5 million black hole in the council’s finances. The authority has since made staff redundant, hiked council tax, and ramped up garden waste charges.

Yet somehow, it found £26,000 to fight over a 46-square-metre flat.

A Matter of ‘Wider Importance’?

In a defiant statement, the council insisted the decision “gives rise to important wider legal issues,” arguing that the Planning Inspector erred by failing to impose conditions and not fully engaging with council submissions.

But High Court Judge Tim Smith found none of that stacked up. And it is worth noting that the Inspector was appointed by none other than the Secretary of State – Deputy Prime Minister Angela Rayner.

Even so, FHDC says it is considering a formal complaint to the Planning Inspectorate.

Meanwhile, the Bowen Road site sits boarded-up and overgrown. Mr Clark, or a future developer, now has until July 2027 to commence work.

A System in Disrepair

This case has laid bare something far deeper than one bungled planning decision. It reflects a council bureaucracy seemingly more interested in defending its wounded pride than delivering homes, protecting public money, or following common sense.

At a time when local authorities across the country face financial crisis, Folkestone & Hythe District Council opted to waste £26,000 defending a report described as unbalanced, unreasonable, and – in the Inspector’s words – “concerning.”

All for the sake of three flats, on a site nobody is defending, and with neighbours raising only minor concerns.

This wasn’t planning. It was farce. And the bill’s in.

The Shepway Vox Team

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