Borough to pursue oral hearing in challenge to release of funds for bypass surveys

Maidstone Borough Council has applied for an oral hearing in its judicial review challenge into how Kent County Council released £200,000 in developer contributions for surveys into a by-pass.

Maidstone believes the s.106 money should go towards mitigation works, specifically junction improvements at Sutton Road.

However, earlier this month Mrs Justice Lang decided on the papers that the claimant council had not presented arguable grounds that the defendant’s decision was unlawful. Kent was acting pursuant to its statutory powers, she added.

She ordered Maidstone to pay £9,000 costs to the county council.

Maidstone said it expected a hearing, if granted, to take place sometime in autumn of this year. The council said its own costs so far amounted to £5,500.

Cllr Martin Cox, Leader of Maidstone Borough Council, said: “We have faced some criticism over the action we have taken; however, I feel it is important to establish clarity on this issue, since it has implications for the discharge of the council’s statutory planning functions. However, we acknowledge what the judge, Mrs Justice Lang, has said.

“We hope to be able to resolve this matter as quickly as possible and continue to work collaboratively with KCC for the benefit of all residents across the borough.”