Gove faces legal challenge after disagreeing with planning inspector report and refusing permission for 165-home development
A developer is set to pursue a statutory review against the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, after the minister disagreed with the conclusions of a planning inspector's report and refused planning permission for a called-in application to build 165 homes in Kent.
Gove took the decision despite a report from the planning inspectorate that recommended granting permission and hailed the development as "not only an acceptable development but a good development".
The developer, Berkeley Group, first received planning permission for the development on land adjacent to the town of Cranbrook from Tunbridge Wells Borough Council in January 2021, but Gove decided to step in by way of a called-in decision.
He asked the planning inspectorate to provide a report on the development before making his decision.
Writing in their report, the planning inspector said: "It is not an overstatement to say that it is rare for a scheme to deliver such a package of exceptional benefits, on a site located adjacent to a second tier settlement, delivering much needed housing, including affordable housing above the rate required by the development plan, in a highly constrained area, and which delivers landscape enhancements with limited associated harm, as well as biodiversity enhancements, while developing only a small proportion of the overall site and in doing so provides a strong long term settlement edge."
The inspector concluded that there would be no harm to designated heritage assets and found that "although there would be some harm to the HWAONB [High Weald Area of Outstanding Natural Beauty], it would be limited".
But in a letter dated 6 April, Housing Minister Rachel Mclean, writing on behalf of Gove, refused planning permission, stating that the development is not in accordance with the local authority's local plan and that the harm to the landscape and the scenic beauty of the HWAONB "attracts great weight" against the proposal.
"There is further harm by way of conflict with the spatial strategy which attracts moderate weight, harm to air quality which is afforded very limited weight and harm to the plan making process through prematurity which is afforded very limited weight," the letter added.
The letter stated that paragraph 177 of the National Planning Policy Framework (the Framework) "provides a clear reason for refusing the development proposed and as such under paragraph 11(d)(i) of the Framework the presumption in favour of sustainable development is no longer engaged".
The Secretary of State also concluded that in regard to section 38(6) of the Planning and Compulsory Purchase Act 2004, the conflict with the development plan and the material considerations indicate that permission should be refused.
A spokesperson for Berkeley confirmed this week that the developer is now poised to apply to the High Court for a statutory review of Gove's decision on six grounds, including the individual design of the homes.
The developer said: "The proposal for 165 high quality, individually designed new homes (including 66 affordable homes) was developed in close consultation with local partners and had strong support at local level. Approved by Tunbridge Wells Borough Council, and also by The Planning Inspectorate (an executive agency, sponsored by the Department for Levelling Up, Housing and Communities), it was vetoed by Mr Gove after a three-year planning process."
Adam Carey
