maidstone.gov.uk

Maidstone Borough Council applies for ‘oral hearing’ in next step of Judicial Review



Maidstone Borough Council is taking steps to make an application for an oral hearing for the Court’s permission for the Judicial Review to proceed.  This follows the recent Judicial Review decision made by the Honourable Mrs Justice Lang which was considered without a hearing and on the papers alone.

The application has been officially lodged (Monday 23 July) with the hearing taking place, if granted, sometime in autumn of this year.

The Judicial Review, brought against Kent County Council (KCC), was instigated by MBC in May, after all attempts to settle a matter over the use of specific Section 106 money obtained as part of the statutory planning process proved unsuccessful.

To date, the known cost of the Judicial Review for MBC stands at £5,500; with a further £9,000 awarded to KCC in costs, should the action prove unsuccessful.

Leader of Maidstone Borough Council, Cllr Martin Cox, said: “We have faced some criticism over the action we have taken; however, I feel it is important to establish clarity on this issue, since it has implications for the discharge of the Council’s statutory planning functions.   However, we acknowledge what the judge, Mrs Justice Lang, has said.

“We hope to be able to resolve this matter as quickly as possible and continue to work collaboratively with KCC for the benefit of all residents across the borough.”

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