Borough fails in bid for review into release of funds by county for road project

A High Court judge has rejected a request from Maidstone Borough Council for a judicial review into how Kent County Council released funds for a road project.

Kent had requested that Maidstone release £200,000 of developer contributions for surveys into the possibility of a Leeds-Langley by-pass.

The money would be used for surveys and traffic modelling to assess the benefit or otherwise of the relief road.

However, Maidstone believed the money should go towards mitigation works, specifically junction improvements at Sutton Road.

Mrs Justice Lang said: “In my view, the claimant has not presented arguable grounds that the defendant’s decision was unlawful.

“The defendant is acting pursuant to its statutory powers.”

She ordered Maidstone to pay £9,000 costs to the county council.

KCC Cabinet Member for Planning, Highways, Transport and Waste Mike Whiting said: “It was disappointing that Maidstone Borough Council took this decision to go to court – something I believe to be a poor use of the taxpayer’s pound.

“There was never merit in the call for a judicial review and we are glad that this has been brought to a swift end, with the judge highlighting that we acted within our statutory powers.”

Leader of Maidstone Borough Council, Cllr Martin Cox, said: “Obviously we are disappointed by the decision made by the Honourable Mrs Justice Lang DBE concerning the judicial review against Kent County Council. However, the fundamental reasons for instigating this legal process remain unchanged.
 
“Section 106 money, identified through the planning process in order to mitigate against the impact of specific developments, should not be used for any other purpose, other than that it is intended for.
 
“To use the money otherwise means that measures to reduce the impact of traffic arising from housing developments in the borough in the foreseeable future is compromised. In my view, this is detrimental to the communities of Maidstone and, is therefore, unacceptable.
 
“We are currently considering all options and reviewing our position.”