July 16th, 2023
Betteshanger Park Triumph: Hotel Development Proposal Denied
Unanimous Rejection of Hotel Proposal: A Victory for Environmental Advocates
In a commendable win for environmental advocates and local communities, the Dover Planning Committee unanimously rejected the proposal for a 120-bed hotel at Betteshanger Country Park. This landmark decision underscores the importance of safeguarding biodiversity against potentially harmful developmental pursuits.
Role of ELF in Opposing Detrimental Development Projects
ELF assisted residents to oppose the hotel proposal and another related to a surfing lagoon, interrelated applications. ELF’s legal representation, bolstered by crucial advice from ELF solicitor Matt Gilks, wrote multiple detailed objections to the applications. Our own paralegal, Annabel Walker, also worked tirelessly to support this case, while Mark O ‘Brien O’Reilly, counsel provided advice. The objections outlined the critical environmental value of the park, which is home to the UK’s second-largest colony of Lizard Orchids and the critically endangered turtle dove and water voles.
Relevance of the 2004 s.106 Agreement: A Pillar for Wildlife Preservation
A crucial turning point was the invocation of the 2004 s.106 Agreement. This agreement, originally emphasizing the park’s potential designation as a Local Nature Reserve, became the bedrock of our arguments. Despite changes in ownership and record-keeping challenges, ELF vehemently argued for the continued enforceability of the agreement, particularly in light of its alignment with section 40 of the Natural Environment and Rural Communities Act 2006.
Questioning the Council’s Negative EIA Screening Opinion
A follow-up letter from ELF clarified the continued relevance of the Agreement in light of its binding nature on successors in title. It reiterated that any proposed development that could potentially damage the wildlife value of the park should remain a key material planning consideration for the Council.
ELF’s last letter challenged the Council’s negative EIA screening opinion including our view that the two applications, the hotel and surfing lagoon were required to be considered together, as that is how they had been presented throughout the process.
Impact of the Planning Committee’s Decision: A Win for Wildlife and Ordinary People
Although Dover District Council recommended approval of the hotel application Dover Planning Committee’s decision to reject the hotel application is seen as a testament to the effectiveness of this rigorous legal advocacy.
Susan, one of the residents opposing the development, expressed her gratitude: “Thank you so much for all your help. It is truly appreciated, and we have so much respect for the work you do. A win for wildlife and the environment! And a win by ordinary people versus a big developer”.
And we couldn’t agree more. While there remains a chance that the developer may appeal, this decision is a significant milestone in preserving the precious biodiversity of Betteshanger Country Park. It sends a clear message about the importance of local communities and environmental legal bodies in holding decision-makers accountable to their commitments to nature preservation.
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