The developer behind a failed attempt to win planning permission to build 220 homes in Boughton Lane, Maidstone, is to try again.

BDW Trading was one of three joint applicants in the initial scheme. The others were Kent County Council and the Future Schools Trust, who sought to build on the playing fields at the New Line Learning Academy, with new ones being provided elsewhere.

The application was rejected by the Secretary of State for Communities and Local Government Greg Clark after a public inquiry.

But the company has sought permission to challenge Mr Clark’s decision in the High Court arguing the minister had erred in law.

The company said he was wrong to give weight to the ‘saved policy’ from Maidstone’s old Local Plan, named ENV32, giving a measure of protection against intrusion into the countryside, because the borough could not show a five year land supply.

If it wins the case, it does not mean permission will be automatically granted, as the minister also refused the plan on the grounds of traffic congestion. At the time, Sir Nick Williams, CEO of Future Schools Trust, said: “If it had been approved, the wider local community, as well as our students, would have benefited from new playing fields.”

Members of the North Loose Residents Association (NLRA), which fought the application at the original inquiry, will conduct a new traffic survey, ready to fight again if necessary, on Tuesday and Thursday. Volunteers can call Alan Moore on 01622 762085 or email alan@northloose.co.uk.