Kent Messenger Maidstone

Second round in legal battle over new developmen­t

Good grounds for appeal, say solicitors for parish council

- By Alan Smith ajsmith@thekmgroup.co.uk @ajsmithKM

Headcorn has lost the first round in its legal battle with Maidstone council over the borough’s decision to grant planning permission for a developmen­t at Hazelpits in the village.

But it has come out fighting in the second round.

The parish council went to the High Court to seek permission for a Judicial Review of the borough’s decision to grant permission for 220 homes on the Ulcombe Road/Mill Bank area. It claimed the borough had not followed due process in reaching its decision.

After a hearing in February, the court declined to grant permission for a review, but the parish’s legal advisers have said there were good grounds to appeal that decision.

So far the parish has incurred costs of £17,000 from the first hearing, including covering £5,500 of the borough’s legal costs, but members heard solicitors had agreed to fight the next stage on a no-win, no-fee basis. There would be no requiremen­t to cover the borough’s costs at appeal, so the extra expense was likely to be in engaging a barrister – around £1,500.

A victory would reduce the expense so far incurred, because the parish would no longer be obliged to meet the borough’s costs.

However, if the appeal was successful, and a full judicial review hearing followed, that could cost in the region of £30,000.

As any appeal has to be lodged within seven days, there wasn’t time to specifical­ly consult the village.

The council voted by seven votes to nil, with one abstention, to proceed to appeal.

The clerk, Caroline Carmichael, said: “The council feels our villagers are strongly behind it, and in addition, we have already received a number of private donations from villagers towards the costs.”

A spokesman for Maidstone council said: “As legal proceeding­s are active, it would be inappropri­ate for us to comment.”

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 ??  ?? Headcorn Parish Council has lost its first round fight with Maidstone Borough Council over a planning battle but has come out fighting for the second round
Headcorn Parish Council has lost its first round fight with Maidstone Borough Council over a planning battle but has come out fighting for the second round
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