Freshwater application to be returned to Committee after successful legal challenge

It’s not every day we get to report some good news from Thanet District Council regarding Freshwater’s application to build the UK’s first seafront superstore in Margate. On Wednesday the 3rd of August, our solicitors from Richard Buxton in Cambridge sent a letter to TDC. Richard Buxton’s firm are particularly well known for bringing judicial reviews and challenges to decisions affecting the environment, this niche practice is renowned throughout the country as “the team of choice for claimant organisations and pressure groups.” 

They stated:

“On 7 July 2011 the DCMS determined that the adjoining grade II Scenic Railway is of sufficient interest to merit upgrading the listing from grade II to grade II*. This decision is relevant to any decision by the Council to issue the decision notice. As such, the application must to be remitted back to the Planning Committee for redetermination on the basis of a correct understanding of change in the listing status of the railway since any development would impact on the setting of the Scenic Railway.”

And further

“The Council will also be aware that material considerations have to be judged as at the date the decision notice is issued, rather than the date of any Committee resolution.  Consequently, if, as here, there is a change in material considerations following the committee decision the application must go back to committee: R v South Cambridgeshire District Council ex p Kides [2003] 1 P. & C.R. 19. “

Last night we received word from Ward Councillor Iris Johnston that Thanet District Council have advised that following legal advice, the whole Freshwater application must come back to TDC planning committee. The change of status of the nearby scenic railway is a ‘material consideration’.