Mountfield – update on the judicial review

Mountfield judicial review update v2

Thanks to donations from residents of South Canterbury and beyond, legal action is being taken to tear up the decision of Canterbury City Council to grant planning permission for Mountfield Park, the largest development that it has ever considered. The development includes 4,000 houses/flats, and over 750,000 square feet of other mainly commercial buildings.
Significant progress with the case has been made. Permission has been granted by the Honourable Mr. Waksman, a High Court judge, so that the case can be taken forward on all grounds and considered by the Planning Court at a hearing. This hearing will take place, it is hoped, before the end of 2021 after further documentation has been provided.
There is much more legal work to be done; this includes considering further documents and preparing for the hearing.
Thank you if you have already donated. To keep the court case running however, further donations are needed to cover the legal court fees. Donations from anyone who has not yet contributed to the costs of the case would be welcomed. Should any funds that are raised not be required ultimately (e.g., because the case is won, and the Council pays most of the costs), pro rata refunds will be made.
Contributions to the costs of the case can be made as follows:
1 By Cheque made payable to “Mr. Thomas John Lynch” Please deliver/post to Mr. T Lynch, 118 New Dover Road, Canterbury CT1 3EH. Please enclose a note saying, “For the Mountfield Park JR” and giving your Name, Address Email & Phone number, OR
2 By Bank transfer/mobile banking Account Name. Mr. Thomas John Lynch Sort Code 20 17 92, Account 83587614 Reference: MOUNTFIELD JR If you are donating by bank transfer, please also send an email to mpjudicialreview@protonmail.com giving your Name, , Address, Email, Phone number and the amount donated by bank transfer.
(Please state should you wish your details to remain confidential).

Are you concerned about the Mountfield Park Development?

“Mountfield Park” (also known as “South Canterbury Urban Extension”) is the largest development that Canterbury City Council has ever considered – 4,000 houses/flats, and over 750,000 square feet of other buildings, mainly commercial.
The Council quietly granted Planning Permission to a developer, Corinthian, on 3 February.
But the South Canterbury community and its friends are now fighting back, by taking legal action against the Council over the way it has handled this major long-term development ….

Mountfield Park Challenge

A legal challenge on air quality grounds to the 2017 adopted local plan for the Canterbury district was considered by a high court judge on 21 March. 

The case, which was brought by Emily Shirley, a local environmental campaigner, was adjourned pending the decision of the Court of Appeal regarding an earlier high court case not to cancel the decision of the Secretary of State not to decide for himself the planning application for the contentious Mountfield Park development. Hearings on both cases are expected in the summer this year. 

Highland Court

At its meeting on 8 March Bridge Parish Council voted by 5 votes to 0 (with one abstention due to a potential conflict of interest) against the latest Quinn/HICO plans for an extensive development at Highland Court. Intriguingly, some councillors argued that such a vote was not necessary but voted in favour when the vote was held. The latest plans will see fewer homes built in the holiday village, but on slightly larger plots. Quinn will hold consultations in Bridge Village Hall on Thursday, 22 March (5:00 – 7:00 pm) and Bekesbourne Village Hall on Saturday, 24 March (9:00 – 11:00 am). Click here for more information. Come along and make your voice heard.

Highland Court

The Barham Downs Action Group (BDAG) has circulated its second update. This includes news on the latest plans produced by Quinn Estates and HICO, and a report on the consultation in Bridge on 18 February. To access this update click here.

Air Pollution

Canterbury Clean Air are organising a public meeting during the afternoon of Saturday, 10 March at The Friends’ Meeting House, 6 The Friars, Canterbury. Speakers will include Rosie Duffield MP. To access the flyer for this event click here. For more information on the clean air campaign visit www.canterburycleanair.org

Highland Court

On 15 February an extraordinary meeting of Bridge Parish Council was held in the Bridge cricket pavilion. The meeting was also attended by councillors from other parishes that will be affected by Quinn Estates’ planned development of Highland Court, and several members of the public. A presentation was made by Alastair Cracknell of Quinn Estates during which it was noted that the number of planned holiday homes has been reduced from 300 to 200. Concerns were expressed by councillors and the public on pressure on existing water infrastructure, the effects on wildlife and the viability of plans to make the farm a functioning organic one. A major concern was traffic (pressure on the A2 road junction and the likelihood of “rat runs” developing through Bridge and the adjacent countryside) and the need for comprehensive traffic modelling that takes into account the effects of other planned developments such as Mountfield. Quinn Estates aim to submit the plans to Canterbury City Council in June. A public consultation will be held in Bridge on 22 March.  

Bridge Parish Council: Neighbourhood Plan and Highland Court

At its second meeting of the year Bridge Parish Council discussed two matters on development in and around Bridge. First, council voted to adopt the latest draft of the Bridge Neighbourhood Plan and to set in process the steps for a referendum of village residents on the plan. Following the vote taken by villagers in November the plan includes the proposal to build houses between the A2 and the recreation ground. Second, council noted a request from Mark Quinn of Quinn Estates for a private meeting on the proposed development at Highland Court. It is expected that a public meeting will be held later. When known, the date, time and venue of any public meeting will be posted on this website.

Highland Court

Members of the Barham Downs Action Group (BDAG) met with Rosie Duffield MP on 24 November to discuss the campaign against the development of Highland Court. Ms Duffield is taking a keen interest in the proposals from Quinn Estates and has asked to be kept updated. For further information click here to read Update 1 from BDAG.

Cantley proposals to be included in the Bridge Neighbourhood Plan – but nothing is decided yet

The result of the public vote in Bridge on whether to include in the Neighbourhood Plan the Cantley proposal to build 40 new homes on the site between the recreation ground and the A2 was announced within two hours of the poll closing on Saturday, 25 November. The decision is to include the proposal (with 215 villagers voting yes, and 113 voting against).

It is unusual for citizens to vote in favour of new build, especially in an area that lies adjacent to a major public recreation space. Three reasons help to explain the outcome. First, Cantley’s building proposal comes tied to a number of ‘sweeteners’, in particular the allocation of land for a village hall and the transfer of the recreation ground freehold to the village in perpetuity. Second, there is a recognition amongst many villagers that the A2 site is, if not the best site on which to build, then certainly the least worst. In particular, there was considerable disillusionment with earlier proposals to allocate housing on the Brickfields and in the Green Gap between Bridge and Canterbury. Some villagers voted ‘Yes’ on 25 November fearing a ‘No’ vote would reignite proposals to build elsewhere in the village on other, less suitable, sites. Third, there has been a general weariness with the Neighbourhood Plan process, and a desire to bring the process to a close.

This is not, however, the end of the matter. The vote requires only that the Cantley proposals be included in the Bridge Neighbourhood Plan; but the village will be given the opportunity to vote on the full Neighbourhood Plan, which could overturn the vote taken on 25 November.

Questions have been raised over the efforts made by Bridge Parish Council to lobby for a ‘Yes’ outcome (by a majority of 6 to 2 at its meeting of 9 November). Under Locality guidance for Neighbourhood Plans a parish council can only present factual evidence to citizens and cannot lobby for a ‘Yes’ vote using public money.1 Bridge Parish Council distributed around the village a leaflet recommending a ‘Yes’ vote (click here). It is not clear at this stage whether the costs of this leaflet were funded from public money or another source.

A leaflet circulated to dwellings in Bridge on the eve of the vote provided a useful balance to many of the points in the Council’s position (click here to see a scan of the leaflet). These included the haste with which the decision was being made, the creation of transport and other infrastructure that will leave the village vulnerable to other speculative housing proposals, and the negative impacts on our AONB. Bridge Primary school has voiced opposition on health and safety grounds to the access roads to the site, which would run along the private road past the nursing home and the school. And there is a significant question mark over Bridge Parish Council’s linkage of the building of 40 new homes with the ownership of recreation ground, the latter of which is not a valid planning consideration as identified by the independent planning consultant who advised the parish council.

Bridge villagers are entitled to answers on some important questions, including on access roads, traffic modelling and where the money will come from to build a new village hall and car park. Villagers will be seeking a guarantee that should the proposal go ahead it will be a limited ‘one off’; and not the first of a series of proposals that will transform the village. And there needs to be clarification that should this proposal finally go ahead there will be no further plans to build housing on other sites elsewhere in the village.

Of the approximately 1250 adults eligible to vote on 25 November only 328 elected to do so; a low turnout of just 26%. A much larger turnout can be expected for the vote for the full Neighbourhood Plan, which holds out the possibility of a very different outcome.

Notes

  1. Neighbourhood Plans Roadmap Guide, p.53. http://locality.org.uk/wp-content/uploads/Neighbourhood-planning-roadmap-2016.pdf,