Lidsing’s battle against Maidstone’s Local Plan Review garden village scheme reaches High Court
15:08, 10 September 2024
A hamlet of just 13 properties will challenge plans to impose a garden village of 2,000 homes on them in the High Court after a last-minute rush of donations.
The group Against Lidsing Garden Development (ALGD), which was founded by Bredhurst Parish Council, had secured a hearing date at the High Court in London in which they intend to challenge the allocation of 2,000 homes at Lidsing in Maidstone Borough Council’s newly adopted Local Plan Review.
But there was doubt whether the group would secure the funds to meet the legal costs of the challenge.
However, last-minute appeals took the donations from the public via a JustGiving page to £59,130, exceeding the £59,000 target set - and they, together with other donations made directly have taken the total raised to just short of £100,000, meaning the legal challenge can now go ahead.
The initial hearing on Tuesday, September 17, will last about an hour and a half during which the group’s barrister will set out the arguments as to why a Judicial Review of the council’s decision should be allowed.
He will be opposed by barristers representing Maidstone council, the government and the developer.
Cllr Vanessa Jones, the chairman of Bredhurst Parish Council, said: “If we are successful, it will be full-steam ahead to the Judicial Review.
“If we’re unsuccessful, unfortunately, the legal campaign to stop the development will be over.”
The Lidsing Garden Village, which would cover 127 hectares, is one of two large developments put forward in the Maidstone Local Plan Review which was adopted by a majority vote of 31 votes to 21 in March, under the previous Conservative administration.
The other garden village, a scheme for 5,000 homes at Lenham Heath, was also widely opposed by existing residents who also initially declared an intention to fight the allocation in the High Court.
However, the Save Our Heath Lands group (SOHL) dropped its legal challenge in July, over fears of the potential financial liabilities if they eventually lost the case.
Cllr Jones explained: “We were fortunate in that we obtained the court’s agreement to apply the Aarhus Convention to our case, which means that if we lose, our liability to pay the defendants’ costs will be limited to £10,000.
“That’s the amount we must pay both if we lose at the first hearing, or if we succeed there but then lose at the Judicial Review.
“Sadly, SOHL didn’t manage to secure that convention.”
The Lidsing campaigners have been told that if they lose, the costs will be divided in the proportion of £5,700 to Maidstone council, and £4,300 to the Secretary of State (whose Government inspector signed off on the Local Plan Review.)
No money will be paid to the potential developer who put the site forward.
However, should ALGD win at this first hearing, there will be more money to raise.
Cllr Jones said: “Everything we have raised so far has been spent on fighting the various stages of the plan through the council’s and the inspector’s hearings, with just enough left for the High Court hearing.
“If our case goes to a full judicial review, we will need to raise about another £22,000.”
She said that the campaigners would never have got this far had it not been for the law firm that they engaged, Leigh Day of London, who had done much of the work at a vastly reduced charging rate.
Cllr Jones said: “If we lose the case, we will not be able to stop the homes going ahead, but the battle will not be over.
“There will still be an opportunity to challenge the development policy for the site as it emerges to ensure that we secure as many mitigation measures as possible.”