The post you are reporting:
Taking up Alexander's point (#976) about the 2012 Dover District Council Corporate Plan. This makes reference to the proposed development of Western Heights and Farthingloe. As the proposal has not been through the Due Planning Laws Process, it does not hold in law.
According to COUNSEL the LDF Adopted Plan published in February 2010 is the pertinent document with regards to Planning Permission - along, of course, the Government's National Planning Policy Framework (NPPF).
The CGI proposal is against the spirit of both LOCAL and NATIONAL planning legislation on many counts, discussed below. Most importantly, it is of a significant scale that it should have seen included in DDC's Local Development Framework Core Strategy (LDF) as a 'strategic site'. The Government's National Planning Policy Framework (NPPF) stresses that planning decisions should be made in accordance with the LDF/Local Plan. As neither site was identified in the LDF for development, if given permission, this will contravene statutory policies.
It has been said that the reason the proposal was not submitted for consideration during the LDF consultations was due to CGI being a new company, not set up until after the LDF was Adopted in February 2010. On page 4 of CGI's Planning and Regeneration proposal (CGI-P&R), it says that CGI has been in discussions with Dover District Council for three years - since 2009. Further, Commercial Group Properties (CGP) made it clear, in their company report of February 2007 that their intention was to develop both sites. According to Companies House, CGI registered on 25 June 2009, prior to which the company was registered as CGP. The CGP company report of February 2007 also included details of its Directors, these same people are also listed as Directors of CGI - copies of this and receipt acknowledge by DDC Planning Department. As a matter of interest, the firm changed its name from CGI-PLC to China Gateway International Limited on 2 May 2012.
CGI-P&R p16 para 6.5 states that a key element of the NPPF is the presumption in favour of sustainable development. However, in the footnote (NNPF page 4 footnote 9), it is made clear that this statement exempts policies relating to sites protected, amongst others, under the Birds and Habitats Directives and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space; Areas of Outstanding Natural Beauty and designated heritage assets - these exempt sites are applicable to both Western Heights and Farthingloe.
Lorraine
