Kentish Gazette Canterbury & District
Pollution concerns spark legal challenge to council’s Local Plan
A High Court judge could be asked to examine the city council’s controversial Local Plan after it was branded “illegal” by environmentalists.
A legal challenge has been lodged by green campaigners who claim the document – which earmarks 16,000 new homes across the district – fails to address air pollution fears.
They say the plan, which was officially adopted by Canterbury City Council last month, should not have been signed off by the planning inspector when pollution in the city is already failing government targets.
Leading the legal challenge, Emily Shirley says air quality can only be made worse by allowing thousands of more homes to be built without a sustainable approach.
She is now calling on the High Court to examine the legality of the Local Plan and has started an appeal through the Kent Environment and Community Network to raise funds to support the action.
But the city council insists it is “confident” of its position and will defend the action.
Mrs Shirley says concerns about air pollution were raised by numerous groups and experts before and during the examination of the draft Local Plan – but to no avail.
It included evidence from health expert Prof Stephen Peckham, from the University of Kent, who claims air pollution kills 100 people prematurely each year in Canterbury.
Mrs Shirley said: “The adopted Canterbury Local Plan can neither in its present form reduce the air pollution breaches as required by law, nor avoid the likely increases as a result of the 16,000 new houses, slip roads, relief roads and other car use facilitating development.
“The fact is that air pollution has been at unlawful levels in Canterbury since 2010 but very little has been done to address it.
“Challenging the adopted Canterbury Local Plan is the last chance we have in trying to stop air pollution and congestion getting worse in our district.
“We need a sustainable plan and sustainable planning proposals that reduce air pollution and congestion, making life better for everyone, not worse.”
City council spokesman Leo Whitlock says the issue of air pollution was considered “very carefully” and specialist advice commissioned when the Local Plan was drawn up.
“The independent planning inspector in considering this did not feel the scale or pattern of development should be changed as a result of air quality considerations,” he said.
“He decided our plan is sound and legally compliant.
“We remain confident of our position and will respond to the latest legal action in due course.”
In separate legal proceedings, Mrs Shirley has already gained a judicial review against the secretary of state for not calling in and examining the planning application for the 4,000-home Mountfield Park development in south Canterbury, which forms part of the Local Plan and has already been approved by the city council.
The High Court is expected to make a judgement next month.
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