Planning Application for 47 dwellings on land north-east of Kingston Lane (K/46/23/PL)

Dear All

 We are asking for your urgent help to raise funds to take forward an application for Judicial Review.  

Many of you objected to the above application, and it was obvious that this was a very emotive and important issue for both Kingston and neighbouring communities. 

 Knowing how many had objected to the application, this Council decided to take legal advice from a Barrister on whether there are potential grounds for Judicial Review (a legal remedy that can be used to challenge a local planning authority's decision in the High Court if there was an error in law).  That advice has been received and highlights an issue that could prove grounds for Judicial Review.

If the application for Judicial Review is successful the ADC decision is “quashed”. This means that the ADC would have to reconsider the matter correcting the legal mistake which has resulted in the decision being quashed. It is important to note that the outcome of this redetermination might be that the same decision will be reached. But it will allow the community to make further representation.

We are asking you to show that you support this action by making a donation towards these costs as soon as possible.  You can do this

1. 1.     By donating via crowdfunder:-

        https://www.crowdfunder.co.uk/p/seeking-a-review-to-quash-a-planning-decision

        Or

2. If you prefer, and are making a donation of more than £500, please email the Clerk to arrange a direct bank transfer:  clerk@kingston-wsx-pc.gov.uk  

Whilst the above payments are preferred, cheques made out to Kingston Parish Council may be sent to the Clerk at 33 The Ridings, East Preston BN16 2TW

Any monies not spent will remain in the Kingston Parish Council Planning Matters Reserve Account to address future planning issues around development on agricultural land and/or in the Gap between Settlements.  

The site is in Kingston but backs on to dwellings in East Preston, so both parishes are affected as well as other nearby communities. Access to the 47 dwellings will be from Kingston Lane on the first bend south of the junction with North Lane and representations were made to ADC about the hazards this will create.  The site is a much appreciated and beautiful area of countryside visible from Kingston Lane and it sits within the Gap between Settlements (detailed in the Arun Local Plan).  Importantly for sustainability, the development will result in the irreversible loss of Grade 1 agricultural land – that is the best and most excellent quality agricultural land.

The next stages in this process (in brief) are:

-   Retaining a solicitor and Barrister to prepare the application for judicial review

-   If the Court permits the application the judicial review will then proceed. Obviously, further expenditure will follow plus potential costs if the application fails but alternatively costs could be award to Council if the application is successful. 

Council had a Planning Matters reserve budget of £6,000 for this year and this has already been spent/committed on legal advice.

For Council to carry on with this process it needs to urgently raise funds to cover future expenditure and potential costs that may be awarded. (if the case is lost it could as an estimate be as much as £35,000). We are hoping that this can be raised with contributions from Kingston residents and residents of nearby communities who care about protecting this site. 

 

Thank you for taking the time to read this and we do hope you will lend your support so that the application for judicial review can be progressed.