|Dear KBEG Supporter, |
On the 23rd/24th June 2020, the s113 Substantive Hearing was held remotely in the High Court with KBEG challenging the adoption of the New Local Plan. The Judgment was handed down on 23rd July and, disappointingly, KBEG’s Claim was dismissed.
Following that Judgment:
· The Local Plan remains as adopted in August 2019, thus removing Hollands Farm from the Green Belt and allocating the land for housing development for about 467 dwellings
· KBEG has the right to seek permission to appeal against the Judgment to the Court of Appeal. Whilst this is highly frustrating, we always knew this was a battle and we were up against a planning system that is difficult to navigate and even more difficult to challenge.
However, our evidence and arguments for challenging this plan still remain strong and KBEG intends to seek permission to appeal against the Judgment. Had KBEG’s Claim been upheld, it is quite possible that the other parties would have sought to appeal, so the next stage is perhaps inevitable.
As a result, KBEG needs to raise funds NOW to seek permission to appeal to the Court of Appeal which must be filed with the court on or before 13th August.
As a registered charity, KBEG cannot undertake any activity for which it does not have funds. We therefore need to have the necessary funds in place by 6th August to allow the preparation of the appeal documents to be able to meet the submission deadline.
With Covid-19 related delays, it could be between two and four months before we hear whether we have been granted permission to appeal to the Court of Appeal. If KBEG is granted permission to appeal, then we estimate that a further round of fundraising would be required to cover our legal costs and potential exposure to reimbursing the other parties’ costs. As a sign of their belief, the KBEG team have already contributed to the fund. So many of you have offered incredible support to the KBEG team since we began this campaign four years ago to preserve our Green Belt at Hollands Farm and green spaces at the heart of our community. We had hoped for a final and positive outcome before this time, but whilst we still have options, we will not stop fighting!
We know times are hard for so many, but also believe you join us in the desire to win this and save our villages from over development and destruction. KBEG and our Barrister continue to believe that we have an arguable case, including:
· 2016-Based ONS Housing Projections not used; do not support the need for Green Belt removal
· Release of the Green Belt land for 1,112 houses created an oversupply of housing with a diminishing requirement as the most recent 2018-based projections have recently confirmed
· The necessary “exceptional circumstances” for removing land from the Green Belt do not exist
· Decisions of the Planning Inspector were not supported by the necessary reasoning
If you support us and want to see this battle through, please give whatever you can afford to NOW.
We need you to be part of winning this, so please click on the link below to donate online:
Or, contact Stuart Wilson at firstname.lastname@example.org for details of how to pay via cheque.
Keep Bourne End Green is a Registered Charity No. 1169057