West Sussex parish council wants to raise £35,000 to get homes plan quashed

​Kingston Parish Council wants to take forward an application for Judicial Review to challenge the approval given by Arun District Council for the dwellings off Kingston Lane, and needs the money to cover the potential costs should the application fail.

A total of 450 objections to the development were made to Arun District Council. Access to the 47 homes will be from Kingston Lane on the first bend south of the junction with North Lane and representations were made about the hazards this will create. The countryside site sits within the Gap between Settlements (detailed in the Arun Local Plan).

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The parish council said on its crowdfunder page: “Importantly for sustainability, the development will result in the irreversible loss of Grade 1 agricultural land – that is the best and most excellent quality agricultural land.

“If the application for Judicial Review is successful, the Arun District Council decision is ‘quashed’.

"This means that Arun District would have to reconsider the matter correcting the legal mistake which has resulted in the decision being quashed.

“It is important to understand that the outcome of this redetermination by Arun District Council might be that the same decision will be reached. But it should allow the community to make further representation.

“For council to carry on with this process it needs to urgently raise funds to cover future expenditure and potential costs that may be awarded. (if the case is lost it could as an estimate be as much as £35,000).

"We are hoping that this can be raised with contributions from Kingston residents and residents of nearby communities who care about protecting this site.

“Any monies not spent will remain in the Council’s Planning Matters Reserve Account to address future planning issues in the parish around development on agricultural land and/or in the Gap between Settlements.”

Arun District Council said in response: “The resolution to grant planning permission was made by elected councillors on Arun District Council’s Planning Committee back in March, following a full and healthy debate.

“The issue of developing within a settlement gap, as identified in both the Local Plan and Kingston Neighbourhood Plan, was addressed in the officer report and was properly discussed, as was the loss of Grade 1 agricultural land, visual impacts, and the potential highways implications arising from the development, amongst other matters.

“Having weighed up all relevant planning matters and having acknowledged the concerns raised by Kingston Parish Council and other neighbouring parishes – together with the large number of local objections – the committee concluded that the adverse impacts would not significantly outweigh the benefits. These include the delivery of 47 new houses to help meet identified needs at a time when Arun is unable to demonstrate a five-year supply of housing, incorporating 14 new affordable homes (30%) in accordance with council policy.

“A subsequent formal request to ‘call-in’ the application was rejected by the Secretary of State, who was content that it should be determined by Arun District Council.

“The Crowdfunder page does not set out what ‘legal mistake’ the parish council considers was made in the determination of the planning application, but officers have not identified any areas of concern in this regard.

“The proposals were reported to the relevant committee and a decision was made by democratically elected representatives. It is understood that any legal challenge must be made on or before Friday 8 November 2024, this being the date six weeks from the final decision to grant planning permission.

“If a challenge is made the council will carefully consider the legal grounds for bringing the case before making any subsequent decision."

To support the campaign, visit: https://www.crowdfunder.co.uk/p/seeking-a-review-to-quash-a-planning-decision