KENT VOICE Protecting Kent’s Countryside SPRING/SUMMER 2018
How the Battle of Farthingloe was won
www.cprekent.org.uk
Hello! some new faces at CPRE Kent Director’s Introduction Contents Hilary Newport Pages David Mairs Thanet boy David joins CPRE Kent 4-7 Reasons to be cheerful… the Battle of Farthingloe as communications and PR manager, Having been involved in two recent public inquiries into refused having spent most of his professional planning permissions, the CPRE Kent director outlines her 8 Something in the air… career as a journalist in both national growing concerns that we are living in an era of planning by success at Pond Farm and local newspapers and magazines. appeal 9 Hilary Moorby... He has worked for publications an appreciation I’ve written many times here about the failings of our planning system, which as varied as Kent on Sunday, increasingly leaves local planning authorities powerless to direct the development 11 Quiz YourThanet, Birdwatch and The Sun, they need to the right places. 12-13 The dark side of the sun… while he played an integral part in the Planning authorities are required to continually identify and allocate enough sites plans for the country’s development of multimedia news biggest solar farm services across the county. to deliver at least five years’ worth of their annual housing targets; in those cases 14-15 From the Frontline… No stranger to CPRE Kent, David where they can’t demonstrate enough available sites, ‘the presumption in favour campaigns update was Thanet district chairman for some of sustainable development’ that runs through national planning policy takes hold. four and a half years at the turn of the In simple terms this means that a speculative housebuilding application will 16-17 Laying into Litter… century(!), while he also served on be far more likely to succeed, even on a site that might have been rejected youngsters give us their the committee of Manston Airport comprehensively for inclusion in a Local Plan. ideas on tackling a growing Julie Davies Group and is on the Pegwell and above picture was taken in Uganda’s This has not gone unnoticed by land agents and major housebuilders, who problem Julie joined us at the beginning of District Association committee. Bwindi Impenetrable Forest after an know that if a speculative application is refused they can appeal to the Planning 18 Chairman’s Update… January, taking over Jillian Barr’s He has had a passion for wildlife encounter with mountain gorillas. Inspectorate for an independent decision. the latest word from role. since childhood, travelling to some of David has high hopes his 12-year- We have taken part in two such inquiries in just the first three months of this Christine Drury She has lived in Kent since the world’s remotest places seeking old son Edward might one day be a year, giving evidence in support of Ashford Borough Council’s rejection of 19 Feedback… a view from 1990, having moved here from out the rare and the wonderful; the leading light for CPRE Kent… unsustainable applications for housing in the countryside. the shooting fraternity on the Mid-Sussex District Council to We’ve seen first-hand the extraordinary (and expensive) lengths that land agents issue of lead shot start work in the Local Plans team will go to in justifying the need for their development above all others, and in 20-21 Local hero… a celebration at Canterbury City Council. “a proud 10 years as chief technical challenging the complicated mathematics that goes into the calculation of a five- of a very special volunteer After several years at Canterbury officer for Stafford Borough Council”. year housing land supply. 22-25 Around the districts… (and a transfer into what was In 2015, David and wife Pat moved This so-called ‘planning by appeal’ news from our committee then known as Development to Thanet because “it has the best is time-consuming and it ties up the chairmen Control) she moved on to coastline in the South East and a resources of council planning offices. 26-27 Local Plan overview… Shepway District Council and relaxed lifestyle”. The sooner this loophole is closed, essential reading for planners then became team leader at David soon became embroiled in the sooner we can regain our 28 Cross purpose… Tonbridge & Malling Borough protests against the draft Local Plan; looking through the groups involved confidence that planning decisions recognition for a popular Council. will respect valued landscapes and monument After a short spell in the private in consultative planning, he realised CPRE Kent offered the most cogent deliver sustainable solutions. 29 Attraction… sector, processing planning Mount Ephraim Gardens applications on behalf of councils support and professional advice and David Morrish made the decision to join. 30 News round-up… across the county, she returned David was born and bred in It wasn’t long before Thanet had its from Vicky Ellis to local government and took Birmingham and had his epiphany in own CPRE committee, with David a job much closer to home, at 1959 when despatched for a three- elected as chairman. Swale Borough Council. day Scouts expedition through the “It has been a pleasure to have the After the birth of her daughter ‘Blue Remembered’ Shropshire opportunity of meeting fellow CPRE Sasha, Julie went back into Hills, where began his love for the members from across Kent and to be planning policy and comes to us tranquility of the English countryside. made to feel so welcome,” he said. after a 10-year spell of working He enjoyed a successful career in civil For more on David Morrish’s route to Tel: 01233 714540 [email protected] on the recently adopted Swale engineering, with an emphasis on becoming Thanet chairman, visit the Borough Local Plan. transport planning, winding up with CPRE Kent website.
www.cprekent.org.uk FSC® CU 816914 Cover picture: Solicitor Kristina Kenworthy and CPRE Kent chairman Christine Drury at the Supreme Court after the announcement of the Farthingloe judgment 2 Cartoons and illustrations by Vicky Ellis 33 Protecting2 Kent’s Countryside www.cprekent.org.uk We make no apologies for revisiting Unfortunately, the SoS declined to the longest and most significant call in the decision (and we found campaign CPRE Kent has ever out much, much later that this was Reasons fought: the saga of Western Heights contrary to the advice he was given). and Farthingloe. The council’s planning officers must It began in 2012, when we were be applauded for the hard work they alerted to an application for more went to in order to suggest changes to be than 500 homes, plus a 90-apartment that would limit the harm to the retirement village, in the Farthingloe landscape this development would Valley in the Kent Downs Area have caused. of Outstanding Natural Beauty They suggested that cutting the (AONB), together with associated number of homes in the scheme, cheerful development at the nearby Scheduled The message from the Supreme Court is clear: reducing the harm to the most Ancient Monument that is Western our solicitor Kristina Kenworthy and CPRE Kent sensitive part of the landscape Heights. chairman Christine Drury show their delight within the site, would still result in a after the announcement of the judgment on the Alarm bells began to ring immediately; financially viable scheme that would Farthingloe Valley we were pretty certain there had secure the £5 million the developer never been an application of this scale promised towards the stabilisation of for development in an AONB. the Napoleonic fortifications at nearby Western Heights. The designation of AONB does not mean there can never be any However, the developer rejected development but, to succeed, an those suggestions and the planning applicant must demonstrate three committee resolved by a majority to tests are met: grant the original application. This is where the legal challenge began. • There must be pressing After lengthy negotiations with the national interest applicant, Dover District Council • There must be no possible issued the planning permission on On one of the most alternative site April 1, 2015. momentous days in • Every step must be taken We could not agree that it was CPRE Kent’s recent to limit any harm to the acceptable to despoil a nationally history, the Supreme landscape designated landscape for profit when so many other and more sustainable Court confirmed in sites were available locally, and when December that planning nothing at all had been done to limit permission for more We were equally certain this the harm to the landscape… in other than 500 houses in the application failed to pass any of those words, spectacularly failing all the tests Farthingloe Valley, in tests and we put in a strongly-worded necessary to make development in an AONB acceptable. the Kent Downs AONB, objection to Dover District Council (DDC). A legal challenge to a planning remains quashed. Here decision can only be made once the our director Hilary We also wrote to officers in the Department for Communities and permission is issued and, with no call- Newport relates what Local Government to alert them to in from the SoS, that remained the happened over a long- the application and to request that only option left to us. running, and ultimately they ‘called in’ the plan for then- The legal challenge was a lengthy and successful, saga Secretary of State Eric Pickles’s bumpy ride. consideration if Dover were minded to permit it. (continued overleaf)
4 5 Protecting4 Kent’s Countryside www.cprekent.org.uk At the first stage, the Judge at the written judgment that concluded the supporting the Court of Appeal’s Our determination to fight for this site indictment of the planning system High Court rejected our challenge committee had “failed to give legally decision. The permission remains has not been without criticism from that betrayed the protections that in December 2015, ruling that adequate reasons for their decision”. quashed. a handful who dub us ‘nimbys’ and should have been sacrosanct for a the planning committee had given DDC rapidly sought permission to This case has been followed avidly claim we are meddling in the process site as important as this, both by the adequate weight to the planning take the case to the Supreme Court, by commentators in the planning and of providing the homes that Dover local authority and by the Secretary balance and that the benefits of the seeking to overturn the decision of legal professions, and much discussion needs. of State for Communities and Local Government. development outweighed the harm the Court of Appeal. can be found online. However, let us not lose sight of the to the AONB. The Supreme Court ordered that It is an important ruling because fact that not one single home in this It means it is ever more important Our legal team did not believe this the case could only be heard under there is no general duty on a planning scheme would have been so-called that CPRE remains vigilant in the face ruling could possibly be ‘sound’ and the condition that, regardless of the committee to give reasons for ‘affordable’, and the site had already of these challenges. together we began to draw up the outcome, no order for costs could be granting permission. been judged unsustainable and evidence we needed to test this excluded from Dover’s own Local made against CPRE Kent by DDC. However, Lord Carnwath at the judgment at the Court of Appeal. Plan. We defended our case before a Supreme Court said that in some That case was heard in September panel of five senior judges and, at cases there are circumstances when Its benefits would have been wholly 2016 and overturned the High the beginning of December 2017, that requirement must be fulfilled: economic, and at horrifying expense Court’s decision in an elegantly they handed down their judgment (see below) to the environment. Indeed, Dover has now published its register of brownfield land, indicating space for more than 2,500 dwellings on previously developed sites. I will forever thank the colleagues, volunteers and trustees who maintained unwavering conviction, commitment and indeed bravery to see this challenge to a close, and of course our amazing legal team for their expertise and commitment to this case. But as a parting thought: in this David- and-Goliath case, it is a shocking
“Typically they will be cases where… as in the present case, permission has been granted in the face of substantial public opposition and against the advice of officers, for projects which involve major departures from the development plan, or from other policies of recognised importance… “Such decisions call for public explanation, not just because of their immediate impact; but also because… they are likely to have lasting relevance for the application of policy in future cases.”
6 7 Protecting6 Kent’s Countryside www.cprekent.org.uk Hilary Moorby However, at the High Court, Mr Justice Supperstone ruled that none of Gladman’s grounds of appeal an appreciation had succeeded and dismissed its latest challenge. One of CPRE Kent’s most passionate Richard Knox-Johnston, CPRE Kent and devoted campaigners passed vice-chairman, said: “This is the first away in March. Here chairman time air quality has been considered Christine Drury remembers a true as a factor in determining a planning champion of our organisation decision. “It had been put forward as a reason for turning down planning permission in the first instance – and that has Hilary Moorby died on March 8. The team became known as the Gang now been vindicated further. She was diagnosed with pancreatic of Four and it was Hilary who arranged cancer in January and with typical their final lunch when the task was “Although the developer was happy indignation her first action was to write completed in 2015. to provide mitigation, the court was a letter to her MP complaining about The other considerable challenge Hilary Air air! not convinced that that mitigation hospital procedures. would work. had to take on was the Ashford Growth Hilary joined CPRE in 1987 shortly after Plan, imposed by central government Air quality proves critical in High Court “This is an important decision as it she and husband Jeff came to work at in 2003 to double Ashford’s size. It means that air quality is something Wye College and live in Kingsnorth. involved serious master-planning and that must be considered seriously eventually a compact spatial strategy Already a parish councillor, Hilary when considering planning permission for the Local Plan that included a large It’s business as usual at Newington’s Pond Farm after became a member of the CPRE Ashford Air quality matters! Developments Ltd against the in polluted areas.” urban extension at Chilmington Green. the High Court judgment local authority’s refusal of planning district committee and showed how That is surely obvious enough to Hilary Newport, CPRE Kent director, parish council and CPRE work could be It was controversial because there was most of us, but now we have backing permission for its scheme at Pond added: “Special congratulations are Farm, Newington, near Sittingbourne. combined to great effect. still brownfield land in Ashford after the from one of the highest courts in due to Richard Knox-Johnston, who building of the high-speed rail link, but As an ecologist she brought a clarity the land courtesy of a landmark legal The whole saga had started with pressed the issue of air quality in this Hilary was resolute that as the Plan was and energy to every discussion of green case and a decision that is potentially Swale Borough Council’s refusal of case. properly consulted upon, examined and spaces and buffer zones as well as to tremendous news for environmental Gladman’s plans for up to 330 homes “It is now rising up the wider agenda, adopted it was Plan-led development protected species, from bats to great protection. and 60 residential and care “units” at leaving the planners scratching their and the issue was not whether, but crested newts to water voles. The dismissal in the High Court of a Pond Farm on the grounds of harm heads about the way ahead!” how, Chilmington Green was to be to the landscape and increased air As a campaigner she always adopted an developer’s appeal against an earlier CPRE Kent, which was an important delivered. pollution, the latter factor relating approach of constructive criticism that planning decision is the first instance participant in the initial planning She stood firm for CPRE against action specifically to the impact on the was welcomed and greatly respected by of air quality proving a critical factor in inquiry in November 2016, was groups and personal attacks of the kind such a judgment. council’s Air Quality Management planning officers and colleagues. Areas at Newington and Rainham. present in the High Court as an that social media has now sadly made CPRE Kent had been in the High Interested Party. Her evidence-based argument and well- commonplace. Gladman subsequently challenged crafted, clear writing fitted comfortably Court in November last year The shape of CPRE Kent today and the that decision, but the Secretary of with CPRE’s way of working, her energy giving evidence as the Secretary of shape of Ashford today owe much to State’s inspector dismissed both of making her a very effective campaigner. State for Communities and Local the clarity and energy Hilary brought Government defended a planning its appeals because of “the substantial harm that the appeal proposals would In 1998 Hilary took over as chairman to each task, both in CPRE and as a inspector’s dismissal in January of two of the Branch from Charles Oliver member of Kingsnorth Parish Council, linked appeals made by Gladman cause to the character of a valued “This is the first landscape and their likely significant and soon afterwards heard the serving as chairman of both. news of the large Arthur Ivor Read adverse effect on human health”. Hilary will be missed as a CPRE time air quality has legacy. She recognised immediately Kent trustee, as a member of the Not content with that, Gladman how transformative it would be for environment committee and as an then contested that dismissal on the been considered campaigning capacity and governance indefatigable chairman of the Ashford grounds of the inspector’s treatment responsibilities. of future air quality and mitigation; the as a factor in district committee – her dedication to decision in relation to the Newington She probably did not foresee 10 years which resulted in her being one of the air quality action plan; and the determining a of work ahead to manage and sell more first to be awarded the CPRE medal, decision’s claimed conflict with the than 100 properties and the expertise in 2015 – but most of all as a friend and colleague to so many of us. emerging development plan for the planning decision” and teamwork that developed with the village. other three beneficiary charities.
8 9 Protecting8 Kent’s Countryside www.cprekent.org.uk
When I wrote my will recently, I found it a solemn and yet joyful thing Why I have to do. It made me take stock. What did I have to leave behind? And Most of us suffer light pollution to some degree, who did I Iove that I could leave it to? And, once those fundamentals Kent Quiz but how well do we know the subject? were thought through, what gift could I give to charity? Well, there was written a only one main organisation I had in mind to give to. Tessa Woodward Planet Earth is our support system. When we have clean air and clean water, good land to grow crops on, healthy seas to fish in, good neighbourhoods and green legacy to spaces to exercise and relax in… then we, our friends and family can thrive. When natural habitats are preserved and enhanced, our fellow bird, animal, insect and plant species can thrive, too. We need dark skies to see the stars. We need nettles and bushes to see the butterflies. We need the English countryside with its tremendous CPRE Kent in variety of landscapes, so useful, so beautiful and so productive. 1 If we think of light pollution as artificial light that shines where it is not wanted or needed, can you guess what these different forms of light pollution are? I live in the Kent countryside. I walk, ride and bike through it. I gaze at it, smell it, touch it and love it. And when I go to towns and cities, I seek out the wonderful a) Sky glow my will! parks and green places there, too. b) Glare But as I get older I see that it is all under threat. Everywhere I look, I see front c) Light intrusion gardens being paved over, flytipping and litter in lay-bys. I see good agricultural land 2 Are you causing any of them? A personal ripped up for luxury homes that the needy cannot afford. I learn of fish stocks falling, perspective from one of animal, bird and insect species becoming extinct. Faster and faster. We are told 3 Apart from preventing us seeing stars, do you know what impact light pollution has on…? these losses are like the canaries in a coal mine foretelling of disaster. But haven’t of our members there been a thousand canaries and have any of us taken any notice? a) Wildlife b) Humans Well, I know one organisation that has. With knowledge, stamina, passion, good arguments and tact, CPRE Kent has, for years, painstakingly stood up for the Kent 4 Do you know where to find night-blight maps so you can see where the Kent hot-spots and dark skies are? countryside and the sustaining of Kent villages and towns. 5 When do you think the idea of light pollution got into the law books? So, how simple, how fitting, to take the opportunity to support their work. I have 6 Do you know what a Dark Sky Reserve is? planned a bequest. It is my way of supporting the future of our wonderful land, so that it thrives, so that our children and grandchildren, the animals, birds, insects and 7 Which is our nearest Dark Sky Reserve? plants can all thrive, too. 8 Which issue of Kent Voice had a great article on light pollution? And now my will is written, I can get on with the business of living, Answers on page 31 feeling great inside.
Insect hotels, bird boxes and welly-boot planters!
Yes, you can bring the countryside into your garden and help raise funds for CPRE Kent by buying some of our nature-friendly merchandise. Each item is priced at just £10, representing fantastic value for money. All are available online, at our AGM or by calling us on 01233 714540.
And why not give the gift of the countryside and buy a gift membership for a loved one? Also available online or from the office. If you tell us it is for a gift we will even throw in a few goodies to make it extra-special!
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10 11 Protecting10 Kent’s Countryside www.cprekent.org.uk classified on the Kent Landscape “would usually ask”, an Environment Hardly the place for the UK’s largest Information System map as ‘good’ Agency map states the “proposed solar power station, you might agricultural land. development is in an area with think! Further, the topography of the area a high probability of flooding”, This very special landscape is means it is not possible to screen benefiting from flood defences. enhanced by an incredible array of such a vast development “from The agency has also highlighted the birdlife, particularly wildfowl and visibility to people in the local area”. site as one of the few available for waders, while numbers of marsh Anyone travelling, for example from legally required mitigation against harriers – a bird of prey on the nearby Whitstable on the A299 coastal squeeze (loss of habitat brink of extinction in this country would not fail to see the sprawl of to sea-level rise). This mitigation, not so very long ago – are high. known as managed retreat, would solar panels stretching out before Furthermore, the Cleve Hill site them. entail breaching the sea wall and allowing the land to revert to adjoins two Kent Wildlife Trust As for people walking the Saxon saltmarsh. reserves – Oare Marshes and South Shore Way, which runs to the Swale – while the Royal Society for Much of the targeted site itself the Protection of Birds manages immediate north and west of the lies within the Natural England- site, the ‘Cleve Hill Solar Park’ large chunks of the nearby Seasalter designated Greater Thames Estuary Levels. The dark side of the sun would effectively destroy any Natural Area and Character Area, enjoyment of what is today a rural, while almost all of it is noted We’ll end, for now, where we beautiful and tranquil area. as an Area of Greatest Habitat started: with Dr Newport, who Developers are targeting falling costs of technology that, It is difficult to quantify natural said: “We absolutely support the according to the developers, who Opportunity (enhancement) and as the North Kent Marshes for beauty, but it is salient to note that a Biodiversity Opportunity Area. provision of renewable energy, the largest solar farm in the have formed the company Cleve but solar panels should be on the site was included in a designated That’s an awful lot of titles and country Hill Solar Park Ltd, mean the solar roofs, not trashing landscapes in an Kent level area of high landscape designations, demonstrating how farm would not need public subsidy. astonishingly beautiful part of the The scheme, named Cleve Hill value in Swale Borough Council’s important this area is to wildlife… It is expected that an application for North Kent Marshes.” adopted Local Plan, 2017. and of course for the many people Solar Park by developers Hive a Development Consent Order Finally, as we consider some of the who use it for walking and so many How many of us would argue with Energy and Wirsol would, if built, will be submitted to the Planning “ If I was to think conditions for which Hive Energy other recreational activities. that? cover an eyewatering 890 acres Inspectorate in the summer. of Graveney, Nagden and Cleve of the worst Marshes. The North Kent Marshes are internationally important for birds possible place to The developers say their scheme and the area being targeted by would provide power for some Hive Energy and Wirsol borders an put a solar farm, 110,000 homes. This would be extensive Site of Special Scientific “roughly the equivalent number Interest (SSSI), Special Protection it would be of households for the Swale and Area (SPA) and Ramsar-designated Canterbury Districts combined”. If site. that’s the case, it might be salient to Advice & Planning here”… ask where all that energy from the This runs contrary to what Hive Audit & Assurance nearby Kentish Flats wind farm is Energy states on its website: Business Strategy the words of CPRE going! “In order to proceed with a [solar farm] site we would Corporate Finance Kent director Hilary A possible capacity of 350 MW usually ask that the land is: Outsourcing Newport after would be five times that of the Well screened from visibility to people Restructuring & Recovery plans were unveiled UK’s current largest solar park, in the local area at Lyneham in Wiltshire, which Grade 2/3 or poorer – we don’t use Tax for the country’s produces 69 MW. largest solar farm land that would be better suited for Wealth Management The colossal size of the Cleve on the North Kent growing food and other crops Hill application (it’s about the size Not in or next to a designated Marshes, an area of nearby Faversham) makes it a protected area such as an Area of international Nationally Significant Infrastructure of Outstanding Natural Beauty Your local offices: importance for Project (NSIP), meaning the (AONB), Site of Specific Scientific decision on whether it goes ahead wildlife. Interest (SSSI), Ancient Woodland, will be made by the Secretary National Park, World Heritage Site or Canterbury 03330 100 220 of State for the Department for Scheduled Ancient Monument Maidstone 03330 100 221 Business, Energy and Industrial Well drained, withw no flood risk” Strategy, currently Greg Clark. Aside from the fact it neighbours an [email protected] It is economies of scale and the SSSI, SPA and Ramsar site, it is also www.macintyrehudson.co.uk