Headcorn Parish Council has so far spent £51,500 fighting a proposed housing development at Hazelpits.

But although last week, a court dismissed a judicial review of the Secretary of State’s decision which allowed Maidstone council to grant planning permission for the site between Mill Bank, Ulcombe Road and Kings Road, the battle is not necessarily over.

The parish has spent £35,000 on its own legal fees and was ordered to pay £10,000 costs to the Secretary of State and £6,500 to Maidstone council.

But although “very disappointed“ at the court’s decision, the parish council has been encouraged by the many messages of support from villagers.

A spokesman said: “It is clear that parishioners are just as disappointed as we are. This is not surprising as the council was following the wishes voiced by Headcorn parishioners.”

Although the figure is a considerable cost to the parish council, it had prepared for it by setting aside money from the parish precept for the past few years. It has also had offers of private donations towards the cost from villagers.

Now the council is to decide whether to continue the fight, which has been going on since 2015.

The council’s solicitors Richard Buxton Environmental and Public Law - which had taken the case at half its usual fee rates - still believe there is a chance of success if the parish appeals the court’s decision. They also believe the court was wrong to impose two sets of costs against the parish council.

Because the case was an environmental claim, the costs should have been capped at £10,000 by a procedure known as the Aarhus Convention.
However, the judge decided that each of the Secretary of State and Maidstone council would have a separate £10,000 cap, although Maidstone agreed to limit its claim to £6,500.
To take the case to the next stage, to seek permission to appeal, would cost only another £2,500 initially.
The parish council is asking residents for their views.
A spokesman said: “We need to know what parishioners think now?
“Should we continue with our legal action and try to go to appeal or is it time to stop?”
Villagers can email the clerk at clerk@headcornpc.org.uk, or contact any parish councillor.