Campaigners lose challenge over Hythe seafront development

Campaigners in Hythe, Kent, have failed in their bid to block a locally controversial housing and leisure development on the town’s seafront. Campaign group Save Princes Parade has long been opposed to the development. Planning permission to build 150 homes and a leisure centre on the site was granted by Folkestone and Hythe District Council in July last year, two years after the application was sought. The campaign group brought a legal challenge to the decision and the case was heard in March. However, in a ruling handed down this week, High Court Judge Mr Justice Dove rejected the group’s arguments. According to the campaign group’s website, “This project is very unpopular with local people – not just because of the loss of our unique open space and the impact on the wildlife that lives there but also because of the impact on the Royal Military Canal (which is a scheduled ancient monument); the contamination risk because the site was once used as a landfill site; the flood risk; and, just as important, the financial risk that this project could pose to the council.” At the court hearing, the group’s lawyer argued that the planning committee that made the decision to approve the plan was misled by the report from the planning officer in the case. Specifically, they argued that the report didn’t properly reflect the fact that the development was in breach of the local plan and didn’t apply the proper policies necessary for areas prone to flooding. In his ruling, Dove J disagreed: “To be in accordance with the development plan, it suffices for the proposal to accord with the development plan considered as a whole. It does not have to accord with each and every policy.” On the flooding point, he wrote: “The approach contained in the committee report… [which] identified that the proposed development was within an area not prone to flood risk hazard, was consistent with a proper understanding of the relevant national planning policy and guidance.” The judge concluded: “I do not consider that the claimant has made out either grounds of challenge presented in this case and, therefore, this application for judicial review must be dismissed.” In a statement on its website, the campaign group said it had asked for permission to appeal the ruling. Elaine Martin v Folkstone and Hythe District Council Planning Court (Dove J), 22 June 2020