People fighting to save Oaken Wood from re-development as a ragstone quarry have been given new hope.

A last minute appeal has been filed in the High Court against the way Eric Pickles, the Secretary of State for Communities and Local Government, granted planning approval for the controversial application.

The appeal under section 288 of the Town and Country Planning Act will effectively prevent developer Gallagher Aggregates, which wants to extend its existing nearby Hermitage Quarry, from cutting down any trees in the 80-acre Barming woodland until the court has ruled on whether there is a case to answer.

The appeal hinges on two aspects of the decision process.

It alleges firstly that surveys carried out by the planning inspector in respect of the EU birds directive were not presented to the public hearing nor made available for scrutiny in line with legal requirements for transparency.

Secondly, it alleges that the Secretary of State claimed that the “need for, and benefits of, the development clearly outweighed the loss” without demonstrating how he came to this conclusion.

The appeal was lodged last Thursday – just within the allotted six-week deadline after
Mr Pickles made his ruling in July.

If the court goes in favour of the campaigners, a full hearing will be held in the High Court.

The appeal was lodged by Andy White, who has led a residents’ campaign against the development which included a 600-signature petition.

In an email to supporters, he said: “It was an absolute last-minute mad dash.

Arm-wrestled

“The appeal was delivered to the High Court with two minutes to spare before the 5pm deadline.

“A loyal friend sprinted across town, jumped the queue, paid the fee and arm-wrestled the clerk into accepting the application.”

Jasper Gerrard, the Lib Dem prospective parliamentary candidate for Maidstone and the Weald, who is supporting the woods’ campaigners, said: “We were up half the night going through obscure legal documents beforehand.”

Cllr Tony Harwood (Lib Dem) said: “We have not given up on Oaken Wood yet!”

Nick Yandle, chief executive with Gallaghers, declined to comment.