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No grounds for judicial review on Chapel Down winery
Kent-based producer Chapel Down has won the latest stage of a legal battle surrounding the planning permission for its new £23m winery.
The news has seen a High Court judge announce that there are no grounds for a judicial review of the scheme’s approval, following wrangling over planning permission for the new facility.
Located near to the A2 and positioned behind the large Canterbury Business Park industrial estate, the scheme was originally signed off by Canterbury City Council in April 2023.
But following a series of retractions and legal concerns, it was put into doubt, before finally being approved again by the council. Natural England and the Campaign for the Protection of Rural England had argued that they should have been able to speak at themeeting where the scheme was finally approved.
The two campaign groups have argued that the development is in the Kent Downs Area of Outstanding Natural Beauty (AONB). They argued that it was unlawful for them to not speak that the meeting last July, and the local authority didn’t give enough weight to their objections to the scheme.
But now Judge Alice Robinson has said there were no grounds for a judicial review. However, the campaign groups have now said they will seek an appeal to the decision.
Although Judge Robinson’s judgement said that preventing the groups speaking at the meeting was a “breach of the constitution”, it said that it did not “materially prejudice” the decision of the council committee, or make it legally invalid.
The council said that several objectors and supports make the same points, so the local authority can choose to allow as few or as many as required to make the case without repetition.
Campaigners, which describe the land which Chapel Down has chosen to build on as “high quality farmland” instead want the producer to build on a vacant brownfield site of a French fruit firm.
But it is believed Chapel Down has already agreed to plant vines at a neighbouring farm to the business park, with these grapes used to produce wine on-site alongside other vineyards in the producer’s overall estate.
A spokesman for CCC said that it welcomed “the very clear and well-reasoned judgement given by the High Court.”
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