Ashford Borough Council ends legal challenge

The Council’s recent legal challenge of the Planning Inspectorate’s decision to allow the planning appeal from Wates Developments on the ‘Limes Land’ area of Tenterden has been dismissed.

The judge did not consider that there was sufficient merit in the Council’s arguments that the Inspector had failed to take adequate account of the deliverability of the site or its progress towards resolving the restrictions on new development in the eastern part of the borough caused by the poor state of the Stodmarsh Lakes.

The Council has therefore decided, reluctantly, that it cannot take the matter any further.

Cllr Neil Bell, portfolio holder for planning stated: “We are extremely disappointed by the judge’s view, as we were by the original Inspector’s decision.

“The Council has made its position on the development of this land right from the start by resisting proposals to include it within the Local Plan and then by refusing planning permission not once but twice, then robustly contesting the planning appeal and  subsequently legally challenging the Inspector’s decision.

“We do not take appealing to a Planning Inspectors’ decision lightly, which shows how strongly we fought our case. Whilst we still disagree with the outcome, we must now reluctantly accept the decision and move on.”

“We will now endeavour to ensure that whatever scheme does come forward here, it is of the highest quality possible and that the developer makes good on the promises and claims they made during the public inquiry.”