Permission hearing nears as campaigners pursue action over seafront land sale

An oral hearing will take place in the High Court next month (8 June) of an application by campaigners for permission to bring a judicial review challenge over a decision by a council to sell land near the seafront in Whitstable.

In December 2014 Canterbury City Council agreed to sell the Oval Chalet land to a developer for £160,000, subject to the developer achieving planning permission.

In a dedicated page on its website, Canterbury says: “A new council was elected in May 2015 and following public concern, has reviewed that decision."

The council maintains, however, that it must proceed with the sale as it is bound by the terms of the contract entered into with the developer.

Planning permission was granted by six votes to three at a meeting of Canterbury’s planning committee on 26 April 2016.

Mr Justice Hickinbottom last month refused on the papers to give permission for the judicial review challenge to proceed.

The judge concluded that the challenge brought by the Whitstable Society was out of time and no good reason had been put forward for the delay. The judge also reportedly stated that he was unconvinced that the claimant had arguable merits.

The Whitstable Society then applied for an oral hearing at which they will seek permission to continue with the legal action.

The claimant’s legal team – barrister Daniel Stedman-Jones of 39 Essex Chambers, instructed by law firm Richard Buxton Environmental and Public Law – argue that the High Court judge erred in a number of ways in coming to his opinion that the case could not succeed.

Amongst other things, the Whitstable Society argues that the claim could not have been brought sooner because of the council’s withholding of documents despite requests for their release, and that the council had failed to provide evidence that the land in question was not open space.