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Redrow resumes construction at 400-home Cockering Farm development in Canterbury after legal challenge fails
12:07, 03 April 2022
updated: 12:25, 03 April 2022
Work has restarted on a controversial 400-home development in Canterbury following a High Court decision to throw out a legal challenge.
Housebuilding giant Redrow downed tools at Cockering Farm on the outskirts of Thanington last autumn, but staff are now back on site.
Roadworks are also in operation outside the construction site's entrance in Milton Manor Road, and diggers have moved back in.
Chartham resident Camilla Swire launched a legal challenge last year in an effort to quash outline planning permission granted in 2018.
But the judicial review, which alleged the approved masterplan was not in accordance with a parameter plan, has this month been rejected by the High Court.
It means Canterbury City Council has successfully defended its decision to give the go-ahead for the project, and there is now "nothing to stop work taking place".
A council spokesman said: “We welcome the High Court's ruling in this case in what has become a long-running series of judicial reviews which inevitably cost the council taxpayer and consume considerable amounts of officer time and energy, which would be better focused on improving the district for those that live, work and study here.
"They also slow, considerably, the delivery of much-needed homes.”
Mrs Swire's fight, however, is far from over as she has already made an application to the Court of Appeal.
“Obviously the High Court decision was disappointing for us but it isn’t the end of trying to see this development carried out lawfully," she said.
"I and many others remain determined to try to protect the environment of Canterbury and beyond and the council has still to take important decisions regarding this development.
“The court previously agreed the case was needed to argue important points of law, and the High Court found that how the council and Redrow interpreted what the planning permission allowed was ‘unattractive’ and in one case ‘a startling proposition’.”
The appeal - revolving around an accusation that changes to the scheme's spine road plan were not adequately assessed environmentally - is now pending.
Five separate judicial review applications have been dropped by Mrs Swire in an effort to assist the court in focusing on the "key issue of proper environmental assessment".
In the meantime, Redrow has confirmed it has restarted its groundworks at the site - but as it does not yet have detailed planning permission, the firm cannot begin erecting houses.
An investigation was launched by the city council last year amid claims the earthworks carried out were not in line with planning conditions.
The probe was halted when workmen downed tools, and the council says the investigation will not be recommenced.
"The developer stopped working on the site and therefore no ongoing investigation is required," a spokesman said.
"The developer has now had all of the planning conditions approved and there is nothing to stop work taking place on the site now."
Due to the site's hilly location overlooking Milton Manor Road, the construction area can be seen from various vantage points in eastern Canterbury.
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