Kentish Express Ashford & District
Rail depot legal threat defeated
Council’s successful defence in High Court
Ashford Borough Council has successfully defended an action in the High Court which looked to scupper plans to revive a former train depot.
The council had included the former Bombardier site in Beaver Lane, which has stood empty for more than five years, in its Local Plan.
In July, councillors approved plans in principle for a new light maintenance train depot at the Chart Leacon site, submitted by Network Rail.
It wanted Southeastern trains displaced from the town’s Hitachi depot as a result of the £7 billion Thameslink programme to be housed at the new stabling yard, creating 50 jobs.
But Bellamile Limited, owner of the site, objected to the plans.
Lawyers acting for Bellamile challenged the safeguarding of the site for railway uses for a period of up to two years, which commenced with the adoption of the Ashford Local Plan in February.
Appearing in court were representatives for the Secretary of State for Housing, Communities and Local Government as an ‘interested party’ to defend the role of its inspectors in validating the borough’s draft Local Plan.
One of Bellamile’s arguments was that the inspectors erred in concluding that the Local Plan was sound; inadequate reasons were given by the inspectors for safeguarding the site for railway uses for a period of up to two years; and the council’s decision to adopt the Local Plan was irrational.
The court rejected all of Bellamile’s claims.
Mrs Justice Elisabeth Laing’s detailed dismissal of the challenge upholds the “legal integrity and soundness of the Ashford Local Plan,” said council chiefs.
The court also heard that Bellamile failed to bring its claim in the time allowed and in the correct way.
The judge rejected its request for an extension of time to correct its faulty procedure and went on to award the council almost £34,000 in legal costs, which has now been paid by Bellamile.
Under Network Rail’s plan, only the sidings are earmarked for development, with the rest of the site set to remain mothballed.
The development will see some existing buildings demolished and replaced with an office for approximately 50 employees, 36 parking spaces, and changes to the five siding tracks.
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