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Berkley Homes set to take Michael Gove to court after its 165-home Cranbrook development rejected

By: Alex Langridge alangridge@thekmgroup.co.uk

Published: 12:48, 02 May 2023

Updated: 12:58, 02 May 2023

One of the country's biggest house builders is taking Michael Gove to court over his decision to block one of its developments because he didn’t like their "generic" look.

The housing secretary refused to green light plans for a 165-home development in Turnden, Cranbrook, on the grounds it did not “reflect the expectations” of the local design code.

Berkeley Homes are taking Michael Gove to court over the decision. Picture: Berkeley Homes and OSP Architecture

But now Berkeley Homes, the applicant behind the scheme, has written to Mr Gove’s secretary informing him it intends to challenge his “irrational decision” to overrule planning inspectors.

Earlier this month, a decision notice from the Department for Levelling Up, Housing & Communities (DLUHC) was issued saying the bid had been put on halt.

The proposal was originally called in by then-Secretary of State Robert Jenrick in April 2021 - meaning that Tunbridge Wells council could not decide on the application themselves.

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The council's planning committee had originally voted to back the scheme in January 2021, but it was called in to central government after Natural England contacted the DLUHC.

An independent inspector carried out an inquiry into the plan for homes in the High Weald Area of Outstanding Natural Beauty (AONB), and recommended that the cabinet member, now Michael Gove, approve it.

Secretary of State for Levelling Up, Housing and Communities Michael Gove

However, Minister for Housing and Planning Rachel Maclean, decided on behalf of Michael Gove to refuse permission for the development due to its “generic suburban nature” and that there “would be some harm to the High Weald AONB”.

Tunbridge Wells councillors have since branded the decision “very disappointing”.

Cllr Hugo Pound (Lab) cabinet member for housing and planning, said he was “deeply frustrated by central government’s interference in local planning decisions”.

He added: “We hope that we will be able to continue to provide appropriate housing for all tenures going forward.”

Yet not everyone disapproved of the decision.

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Cllr Nancy Warne (TWA) opposed the scheme from the start, she said: “Even within our patch we felt that the housing numbers Cranbrook needs could be met at alternative sites.

A spokesman for the Berkley Group said: “Berkeley Group confirms it will apply to the High Court for a statutory review of Secretary of State Michael Gove’s decision of April 6 to reject the company’s proposed development at Cranbrook.

“Berkeley is challenging the decision on six grounds including the individual design of the homes.

How the new homes would have looked. Picture: Berkeley Homes and OSP Architecture

“The proposal for 165 high quality, individually designed new homes, including 66 affordable homes, was developed in close consultation with local partners and had strong support at local level.

“Approved by Tunbridge Wells Borough Council, and also by The Planning Inspectorate, it was vetoed by Mr Gove after a three-year planning process.

“We did not feel that it was justified and that exceptional circumstances had been met.”

Under planning law, building in AONBs should be avoided except in exceptional circumstances.

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