Local society wins permission to challenge sale by council of seafront land

A High Court judge has given permission to the Whitstable Society to bring a judicial review challenge over a decision by Canterbury City Council to sell land near the town’s seafront.

Mr Justice Hickinbottom had previously refused permission on the papers, concluding that the Society was out of time and no good reason had been put forward for the delay. The judge also stated that he was unconvinced that the claimant had arguable merits.

However, the Society applied for an oral hearing. This took place on 8 June, with a second High Court judge granting permission for the claim to proceed.

The legal proceedings relate to the council’s decision in December 2014 to sell the Oval Chalet land for £160,000, subject to the developer achieving planning permission.

Following the election of a new council in May 2015, that decision was reviewed. The council, though, maintains that it must proceed with the sale as it is bound by the terms of the contract entered into the developer.

Planning permission was subsequently granted by six votes to three by the council’s planning committee in April this year.

Following the oral hearing, Canterbury City Council said in a statement: "Given the very clear decision of the previous judge that the claim for a judicial review was out of time and that the central point of the campaigners' case was unarguable, we are disappointed at this ruling and respectfully disagree with it. It's strange that two judges could differ so substantially in their approach.

"All the judge has said is that the campaigners' five grounds are arguable, but he has not given a view on the strength of these.

"It is regretful that we will have to waste more taxpayers' money on this case, but will obviously do so in order to defend our position."

The claimant’s legal team is barrister Daniel Stedman-Jones of 39 Essex Chambers, instructed by law firm Richard Buxton Environmental and Public Law.