William Eichler 11 October 2019

Ashford BC’s local plan ‘legally sound’, court rules

The High Court has rejected a case brought against Ashford Borough Council’s local plan, which the court concluded was legally ‘sound’.

The firm Bellamile objected to Network Rail’s proposals to bring part of a former Bombardier site back into use as a light maintenance train depot – a proposal the council’s planning committee approved in July 2019.

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 on 21 February 2019.

Bellamile claimed that the Inspectors erred in concluding that the Local Plan was sound.

They argued that inadequate reasons were given by the Inspectors for safeguarding the site for railway uses for a period of up to two years. They also said the council’s decision to adopt the Local Plan was irrational.

Mrs Justice Elisabeth Laing dismissed the accusations and awarded the council almost £34,000 in legal costs, which has now been paid by Bellamile.

She also said that Bellamile had failed to bring its claim in the time allowed and in the correct way.

Cllr Gerry Clarkson, leader of Ashford Borough Council, said: ‘I am pleased that our Local Plan has withstood this examination in the courts and I want to congratulate all the staff who have worked diligently and with great skill and professionalism in preparing the Local Plan, and in defending it in court.’

SIGN UP
For your free daily news bulletin
Highways jobs

Business Support Assistant

Essex County Council
Up to £25959.00 per annum
Business Support AssistantFixed Term, Full Time£25,959 Per AnnumLocation
Recuriter: Essex County Council

Clerical Officer Receptionist

Durham County Council
Grade 3 £26,016 - £26,847 Pro - rata
We have an exciting opportunity for a Clerical Officer/Receptionist to join our dedicated Business Services team. We currently have one part-time per Durham
Recuriter: Durham County Council

Residential Workers - Long-Stay Children's Home

Durham County Council
Grade 7, £31,015 - £34,811 per annum
Residential Workers - Long-Stay Children's Home Salary
Recuriter: Durham County Council

School Crossing Patrol

Durham County Council
Grade 1 £4,106 (approx.) £12.85 per hour
Join our School Crossing Patrol Service! Are you punctual and reliable? Do you have good communication skills and a strong sense of community spirit? Durham
Recuriter: Durham County Council

Rights of Way Officer

Durham County Council
Grade 7 £31,015 - £34,811 per annum
An exciting and challenging opportunity has arisen within the Council’s Access and Rights of Way Team for the position of Rights of Way Officer.   WHA Durham
Recuriter: Durham County Council
Linkedin Banner