Neighbourhood plan referendum halted after judicial review challenge

A neighbourhood plan referendum has been postponed after an application for its judicial review was lodged.

Swale Borough Council had been due to put the plan for the Faversham Creek area to the vote after receiving an examiner’s report, which approved it with modifications.

The application for judicial review has been brought by local company Swan Quay. The council would not say what exact grounds were involved.

A council spokesman said: “The council have been served with a claim by Swan Quay LLP seeking permission from the court to pursue judicial review of the council’s decision to accept the examiner’s modifications to the draft Faversham Creek neighbourhood plan and move to referendum. The council are disputing  the claim.

“The council is currently of the view that holding the referendum on the Faversham Creek neighbourhood plan should await the outcome of this judicial review.”

Swale said that if the application were unsuccessful it would proceed with the vote as planned, but if the High Court decided Swan Quay had an arguable point the council would then review its position.

The plan is described in is introduction as an opportunity to ensure that the area around Faversham’s historic creek is developed “not haphazardly but in a well-planned and positive way for the overall benefit of their town, taking into account not only the land on the banks of the creek, but also the creek itself - the navigation channel, bridge, sluices and gates, wharfage and access to the waterfront and waterway”.

Swan Quay is an area alongside the creek. Examiner Timothy Jones’ report describes a dispute over development proposals there.

Mr Jones said they involved unacceptable loss of employment land and of the setting of historic buildings and added: “The proposals, which I recognise to be illustrative…for redevelopment of this site, did not impress me.

“Rather they illustrated the risk of gentrification of a part of the creek that maintains something of it old character. I do not consider that residential development of this site would occur without gentrification. I recognise that, for some people, more open views of the creek down Quay Lane would be attractive, but this factor does not begin to outweigh my concerns about the historic damage of the proposals.”

Mark Smulian