Gravesham council’s decision to grant planning consent for the Heritage Quarter scheme is 'unlawful', a civic group has said.

Urban Gravesham says officers 'misled' councillors by telling them there were no reasonable grounds for refusal and that refusal would result in a costs against the council.

That's the view of planning barrister James Findlay QC who was consulted by Urban Gravesham.

Solicitors for Urban Gravesham, DMH Stallard, have now written to the council asking them to take the decision back to committee for reconsideration.

If the council issues the permission again, Urban Gravesham would seek to challenge it in the High Court.

"If given a free vote, we are convinced that the councillors would have rejected the scheme” - Urban Gravesham

An Urban Gravesham spokesman said: “The disgraceful decision to approve this hated development has caused outrage in the community.

"Mr Findlay QC has concluded that Martin Goodman, the council’s solicitor, and John Burden, leader of the council misled members of the council.

"We had always believed the decision was seriously flawed and that the advice given at committee was wrong.

"To avoid court action, the council must now bring the matter back to committee.

"But this time they must make sure they do not provide misleading advice.

"If given a free vote, we are convinced that the councillors would have rejected the scheme.”

Gravesham council and Edinburgh House declined to comment.

At the meeting in April, the council’s planning officer Clive Gilbert was asked whether any of the reasons put forward by councillors could be used to reject the application.

He advised that it would be “perilous, if not suicidal,” adding: “The planning inspector is unlikely to support a refusal.”

When it came to the vote Cllrs John Burden, Lee Croxton (Lab) and David Turner voted for it.

Mick Wenban, Harold Craske and Peter Rayner (Lab) voted against it.

Valerie Ashenden (Lab), Richard Smith (Lab) and Robin Theobald (Con) abstained from the vote.

At present there is a three-month period in which any representations can be made against the decision.

The first phase will see three buildings, with 141 flats, restaurants, a 50-bedroom hotel and underground car parks, built within nine months.

A new town square will be built over the car park next to the market off Queen Street.

Parking will be moved underground and flats will be built above what is likely be restaurants, such as Nando’s and Pizza Express.

This phase will see the closure of the Horn Yard and Market Square car parks, with the loss of more than 200 spaces.

Nine months to a year after phase one starts, a detailed application for the second phase will be made, which includes redesigned grounds for St George’s Church, a church hall fronting West Street, a new look for St Andrew’s Gardens, and an enlarged St George’s Shopping Centre.

For more on this, see Thursday's Gravesend Messenger.