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Councillors have approved plans for a new holiday resort in an Area of Outstanding Natural Beauty (AONB) for a second time, after it had previously been quashed by a top judge.
In February, Mrs Justice Lang ruled against Folkestone and Hythe District Council’s (FHDC) 2017 decision to approve an eco-holiday village the size of four football fields in Densole, branding the decision “irrational and unintelligible” in a Judicial Review.
Members voted against officers’ recommendation to object plans for 12 holiday lodges on Little Densole Farm in Canterbury Road including a fishing lake, tennis courts and a putting green.
Judicial Reviews are high court proceeding where a judge investigates the lawfulness of a public body’s decision.
Last week on Tuesday (May 29), landowner David Westgarth’s application went before the Planning and Licensing Committee, recommended again to be scrapped, dividing councillors.
Mr Westgarth said that the area had the potential to become a 'magnet for wildlife and biodiversity': "I am confident that my investment in this scheme will create a long lasting and successful holiday destination."
Cllr Tillson put forward the motion to reject officers' recommendation, saying: "This will not only develop the countryside but actually enhance it."
Cllr Jennifer Hollingsbee said: "What a wonderful tourism attraction for this area. When we're making decisions, we're making decisions on behalf of the whole district. It's not just for that area."
But Cllr Susie Govett strongly disagreed with her committee members: "I would say an artificial lake is something unnatural in an AONB. You can't just plant a screen of trees and pretend it's not there.
"We depend on visitors in our district, but this doesn't need to be in this place.
"It's not viable, it's not sustainable and it doesn't bring significant economic benefit.
"What we're looking to do is nibble away at the edges of the AONB and there will eventually be nothing left.
"It is our job to protect these areas that have been designated. They have the highest protection in planning law and I think we should respect that, and not try and push something through on some tenuous, flimsy, vague economic benefits."
Cllr Damon Robinson echoed this: "It makes me sad that an AONB must be used for this purpose."
The lodges on the site, which adjoins Reinden Wood, would also be fully accessible for disabled guests, and semi-mature tree planting has taken place over the last year for long term growth.
Businessman Tim Steer was the one who put the council in front of the courts and won, spending thousands in legal proceedings. He reacted to the decision saying he was concerned, among other things, about accidents: "I think the development actually looks fantastic. I think it looks wonderful... but it's just in the wrong place.
"What's the purpose of the AONB designation if you can just overturn all the policies that prevent you from building on it?
"We'll need to consult with our lawyers and our barristers to see if there is grounds [for a second review].
"If they tell me there's at least a 50/50 chance that we could win, then we'll probably do it again."
Members and officers worked to carefully to word their reasons for the decision in light of the recent judicial review, ultimately concluding that the plans would enhance the area, benefit communities and tourism, and any harm to the AONB would be short term.
Eight members voted in favour of the development, one against and one abstained.