Sarah Moakes v Canterbury City Council
| Judge | Her Honour Judge Alice Robinson |
| Neutral Citation | [2024] EWHC 1272 (Admin) |
| Date | 24 May 2024 |
| Counsel | Ben Fullbrook,Giles Atkinson,Isabella Tarfur |
| Year | 2024 |
| Court | King's Bench Division (Administrative Court) |
Neutral Citation Number: [2024] EWHC 1272 (Admin)
Case No: AC-2023-LON-003127
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 24/05/2024
Before :
Her Honour Judge Alice Robinson sitting as a Deputy High Court Judge
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Between :
SARAH MOAKESClaimant
- and -
CANTERBURY CITY COUNCILDefendant
-And -
GARY WALTERS
(ON BEHALF OF HICO GROUP)
Interested
Party
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- - - - - - - - - - - - - - - - - - - - -
Ben Fullbrook (instructed byRichard Buxton Solicitors) for the Claimant
Giles Atkinson (instructed by Canterbury City Council) for the Defendant
Isabella Tarfur (instructed by Maples Teesdale) for the Interested Party
Hearing dates: 8 and 9 May 2024
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Approved Judgment
This judgment was handed down at 12pm on Friday 24 May 2024 in court and by release to
the National Archives.
....................
Judgment Approved by the court for handing down.Moakes v Canterbury CC
Her Honour Judge Alice Robinson sitting as a Deputy High Court Judge:
Introduction
1. On 8 September 2023 the defendant (the Council) granted hybrid planning
permission(“the Permission”), comprising full permission for the expansionof
Canterbury Business Park to create 11,900 sqm winery with associated parking and
landscaping and outline proposals with all matters reserved except access for up to
8,000 sqm of warehousing (“the Proposed Development”), at Land Southwest of
Canterbury Business Park, Highland Court Farm, Coldharbour Lane, Bridge CT4
5HL (“the Site”). The decision to grant the Permission was made at a meeting of the
Council’s planning committee (“the Committee”) on 25 July 2023. The Claimant,
who is a local resident, objected to the Proposed Development and she now applies
to quash the Permission on four grounds. The Interested Party (“IP”) is the applicant
(or one of the applicants) for planning permission.
Factual Background
2.The Site extends to some 6.70 hectares and comprises agricultural land. The Site lies
approximately 6.4km to the south east of Canterbury City Centre and approximately
1.5km southeast of the village of Bridge. The north-eastern boundary of the Site is
bounded by the Canterbury Business Park and directly north is a Grade II* Listed
Building, Higham Park. The Site is also located within the Kent DownsArea of
Outstanding Natural Beauty (“AONB”), the North Kent Downs Area of High
Landscape Value and the Highland Court Conservation Area (“CA”). The Site is,
therefore, said to be in a highly sensitive area in both heritage and landscape terms.
3.The Site forms part of an allocation in Policy C21 of the Council’s Draft Canterbury
District Local Plan to 2045 (“the Draft Local Plan”), which includes the expansion
of Canterbury Business Park. A consultation on the Draft Local Plan pursuant to
reg.18 of the Town and Country Planning (Local Planning) (England) Regulations
2022 concluded in January 2023. Natural England has objected to Policy C21 on the
grounds of harm to the AONB. The Draft Local Plan is at a very early stage in the
process towards adoption.
4.The Claimant lives close to the AONB and regularly walks and cycles close to the
Site, using local trails which will be affected by the Proposed Development. The
Claimant is also a member of the Campaign to Protect Rural England – Kent Branch
(“CPRE Kent”). CPRE Kent objected to the Proposed Development and, on
29.09.23, sent a letter under the Pre-Action Protocol for Judicial Review (“PAP”)
indicating its intention to bring a judicial review of the Council’s decision to grant
the Permission.
5.CPRE Kent ultimately decided not to bring a claim for reasons of cost. However, the
Claimant, who was aware of CPRE’s PAP correspondence, has decided to bring this
claim in her own capacity. As well as being a member of CPRE Kent, the Claimant
submitted an objection to the Proposed Development in a personal capacity. She also
issued a judicial review claim in respect of a previous decision of the Council to
grant permission for the Proposed Development, which was quashed with the
consent of the Council.
2
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