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Surf park and hotel at Betteshanger Country Park near Deal to go ahead after judicial review dropped

Campaigners trying to halt the major redevelopment of a country park – including the creation of a new surf park – have dropped plans for a judicial review.

It means the £50 million project for Betteshanger Country Park, near Deal, can go ahead and a new luxury 120-bed hotel and surfing lagoon will be built, subject to conditions.

How the 120-bed hotel is set to look. Pictures: Betteshanger Country Park
How the 120-bed hotel is set to look. Pictures: Betteshanger Country Park

Planning applications for both developments were approved earlier this year by Dover District Council (DDC), although work is yet to start at the park, a former colliery.

In a bid to stop the developments going ahead, campaign group, Friends of Betteshanger Park, revealed its intention to launch a judicial review and last year started crowdfunding to raise money, reaching £20,000.

But after its legal team contacted DDC questioning the planning process, the council performed another environmental screening but concluded a wider impact assessment was unnecessary, with the local authority having enough evidence to satisfy the legal requirements of further development.

It has since been concluded by the campaigners, on advice from their lawyers, that a judicial review would be met with “little chance of success”.

The Seahive surf lagoon will take up 15-acres of the 231-acre park and will be the second of its kind to be built in England
The Seahive surf lagoon will take up 15-acres of the 231-acre park and will be the second of its kind to be built in England

Friends of Betteshanger Park said in a post: “We would like to thank those who have supported us and campaigned to protect Betteshanger Country Park from destructive development.

“Our lawyers have written several letters questioning DDC’s planning process. They conceded another screening of the environmental impact but concluded an environmental impact assessment was not needed.

“This is apparently enough to comply with legal requirements, and our lawyers advised that and other grounds will have little chance of success at judicial review.

“We need continuous political pressure on politicians and changes in law.

Betteshanger Country Park is currently home to walking and cycling routes, a cafe and a mining museum
Betteshanger Country Park is currently home to walking and cycling routes, a cafe and a mining museum

“We will continue to do what we can; there is too much at stake to give up.

“We hope you will continue to support us and campaign to protect Betteshanger Country Park.”

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

The overall masterplan for Betteshanger Country Park will see an inland surf pool, known as The Seahive, built alongside a luxury hotel, spa and gym.

The surf park will be able to create more than 20 different wave types from 50cm to 2m, providing rides of up to 15 seconds long for all ages and abilities.

Scores of protesters turned up to fight the development of Betteshanger Country Park in March, but both applications were approved by Dover District Council
Scores of protesters turned up to fight the development of Betteshanger Country Park in March, but both applications were approved by Dover District Council

It will be the first of its kind in Kent but the second in England and seventh in the world, following facilities in Melbourne, South Korea, Switzerland, Brazil, Wales and Bristol.

The ambitious projects will join existing walking and cycling routes, a children’s play area, a cafe and a mining museum at the park.

Previously, concerns were raised over the loss of habitats for unique lizard orchids, turtle doves, and skylarks. But bosses have stated that more than nine acres of existing farmland will be added to the park to create new habitats, plus further land off-site.

It is hoped the surf lagoon will attract visitors from all over
It is hoped the surf lagoon will attract visitors from all over

Councillors put conditions in place when the plans were given the green light in March to ensure bosses follow through on their promises to wildlife and the management plans for their protection.

A statement from Friends of Betteshanger added: “Although Friends of Betteshanger will not be following the route of judicial review, we will continue our campaign to protect the park from the proposed development.

“We believe this unique habitat will be irreparably degraded. There has already been a recorded decline in turtle doves nesting in the park. The ‘planning conditions’ imposed by the planning committee showed that they will only permit development if some quite stringent conditions are met.

“The ‘translocation’ of lizard orchids requires a licence from Natural England, who in turn have stated clearly that they will not grant a licence unless the colony that will be built over by the surf lagoon (the second most important colony in the UK) can be moved and established as a sustainable colony elsewhere, which means surviving for several years under different weather conditions.

“Lizard orchids only grow where certain fungi are present and translocation has never been achieved successfully before. This is why DDC has allowed seven years for the developers to get a licence and, if the translocation proves impossible, the planning consent will lapse.

“It is up to Friends of Betteshanger, supporters and NGOs to ensure the conditions are thoroughly enforced as intended by the planning committee and that no development takes place unless the translocation succeeds and is proven to be sustainable.

“Our aims as Friends of Betteshanger remain unchanged. Once gone the park's unique ecology will be gone for good.”

Find out about planning applications that affect you by visiting the Public Notice Portal

Park bosses also say the developments will help ensure the site’s future.

In a statement, a spokesperson for Betteshanger Country Park said: “More than 250,000 people use the park each year.

The Seahive surf lagoon will take up 15 acres of the 231-acre Betteshanger Country Park and will be the second of its kind to be built in England
The Seahive surf lagoon will take up 15 acres of the 231-acre Betteshanger Country Park and will be the second of its kind to be built in England

“Their enjoyment had been put in jeopardy by the delay that would have been caused by judicial review, and we welcome the decision not to pursue that course of action.

“We share a common goal with campaigners in wanting the best for Betteshanger Country Park, and we will be seeking to work with organisations like Natural England and others with an interest in nature to create a country park that provides for everyone in the community, creates jobs and supports nature.”

It is not known when work on the two schemes will begin.

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