A legal challenge to a new £32 million winery which could turn Canterbury into “England’s own sparkling wine capital”, has been defeated in court.

Chapel Down’s ambitious project was initially approved more than a year ago, but the scheme has since been bogged down in legal wranglings.

The Tenterden-based winemaker was originally given permission for a vast winery at Canterbury Business Park, off the A2 near Bridge, in April 2023.

However, Canterbury City Council (CCC) later voted to quash its own decision after legal concerns were raised about the approval.

Three months later the proposal was again voted through after a more detailed report was produced by council officers, addressing why the development was earmarked for a Kent Downs Area of Outstanding Natural Beauty (AONB).

Environmental charity CPRE Kent later launched a legal challenge to CCC’s approval of the planning application, but local activist and Boughton parish councillor Sarah Moakes took it forward and spearheaded the case in court.

The judicial review argued it was unlawful not to allow Natural England and CPRE to speak at the CCC meeting in July, where the scheme was approved again, and the council didn’t give enough weight to their objections.

It was also argued that planning officers misled the council in their report on what counts as “exceptional circumstances” to justify building in an AONB.

However, after a hearing on May 8 and 9 this year, High Court Judge Alice Robinson handed down a judgement saying there were no grounds for a judicial review.

Dr Jack Lowe, an environmentalist and local resident who was involved in the challenge, said: “Naturally, I’m extremely disappointed in the ruling.

“However, permission is being sought to appeal the decision.”

The judge’s ruling on whether or not there are any grounds to apply for an appeal will be the final legal word on the matter.

If the judge decides there are no grounds for an appeal, the development will go ahead, whereas an appeal could hold up the project further.

Sarah Moakes declined to comment until after the appeal application is decided.

Dr Lowe pointed out that the legal judgement found the council did breach its own constitution in not allowing Natural England and CPRE to speak at the planning meeting last July.

“Preventing NE and CPRE Kent from speaking pursuant to para 3.3.1 was a breach of the constitution,” the High Court judgement reads.

However, the document also stresses that this did not “materially prejudice” the decision of the committee or make it legally invalid.

“While the judge deemed that councillors still had sufficient information to make their decision, we need to remember that this was a brand new planning committee,” Dr Lowe continued.

“They were less experienced and therefore far more likely to go along with the planning officer’s recommendation, and this would only have been reinforced by the speakers being so heavily weighted in support of the application.”

When the challenge was first brought, CCC stressed that it is normal for speakers to be permitted on the nature of their arguments, so that if several objectors or supporters plan to make the same points, the council can choose to allow as few or as many are needed to make the case without repetition.

Dr Lowe added: “The facts of the case sadly remain the same. The former Gomez site is still lying empty; brownfield land that would suit Chapel Down’s warehousing purposes without building on high-quality farmland.”

French fruit firm A Gomez Ltd folded in December last year, and campaigners argue Chapel Down should instead seek to take over those premises.

Dr Lowe added: “The impact on wildlife with national, district and local importance would be devastating.

“This scheme represents the latest attempt to chip away at the AONB at Highland Court.”

It is understood Chapel Down has agreed with the landowner of Canterbury Business Park to plant vines at neighbouring Highland Court Farm, with these grapes, along with others from the firm’s existing vineyards, used to produce wine on-site.

A spokesman for CCC said: "We welcome the very clear and well-reasoned judgement given by the High Court.”

Chapel Down declined to comment, but the firm previously called the judicial review claim “unwelcome and deeply frustrating”, saying the “hub for wine production is at the foundation of our sustainability plans and will further burnish Canterbury’s credentials as England’s own sparkling wine capital”.