Has Shepway Council Ignored a Binding Decision Notice in Cheriton Rec Development Application?

Shepway Council has so far refused to comment on the legality of its decision to seek planning permission to build 6 houses on a section of Cheriton Recreation Ground on Weymouth Road. A challenge by Cheriton Councillor Tim Prater to the process sent on 30 August has yet to receive a response.

The challenge has been issued because in a Council decision earlier this year, the Council issued a Decision Notice that the Council should not "progress the disposal of the site until consideration has been given to the potential for the land to be used for alternative recreational uses".

Tim Prater said:

"To date no report has been published into the alternative uses, and the decision has not been referred back to the Councillors, or even the responsible Cabinet Member for a new Decision. To seek planning permission, which clearly progresses the sale, is entirely against what the Council promised to do.

"I have again contacted the Council today to ask them to withdraw the planning application. The Liberal Democrat team will also be taking this further at the Shepway full Council meeting this Wednesday."

In an email to Shepway Council Officer Steve Holley on 30 August, Councillor Prater wrote:

"As per our discussion, I strongly believe that the process whereby this disposal is being pursued is flawed, and if it is not withdrawn and corrected with proper regard to process, will lead the Council and administration open to charges of poor process.

"Despite a decision of cabinet C06/116 the SUBSEQUENT Decision Notice 06/103 signed by Cllr Monk and the District Secretary for Corporate Services and effective 2 February 2007 says:

"2. Weymouth Road, Cheriton

2.1 The representations received were considered and noted.

2.2 To not progress the disposal of the site until consideration has been given to the potential for the land to be used for alternative recreational uses.

"Under the terms of that Decision Notice, it seems entirely clear that that Decision will stand until appropriate consideration has been given to alternative uses, and that that report is considered by, at the least, the appropriate Cabinet member, and a new Decision Notice issued.

"The submission of an outline planning permission request for that land (dated 15 August) without a new decision notice, and without even the publication of the report on alternative uses can clearly be seen as "progressing the disposal of the site" and is a clear breach of reasonable procedure. No member of the Council, public or even Cabinet has had sight of that report, or even has any reason to believe that consideration of alternative uses has taken place.

"I understand from our discussion that you were directed to continue without further reference to Cabinet or the District Secretary by the Chief Executive and CMT: this would seem, given the chronology above, to be the wrong decision, and hugely challengeable.

"Under the circumstances, I would suggest the only reasonable course of action, and the one least likely to see Shepway Council's procedures in this case questioned, is to immediately withdraw the outline planning permission application. Subsequently, the District Secretary could then receive and consider a report of alternative uses, prior to issuing any new decision notice.

"I would welcome the earliest possible review of the procedure in this case, and an early reply as to the process to now be followed.

"Tim Prater, District & Town Councillor for Cheriton"