Home   Maidstone   News   Article

Maidstone council gains success in High Court battle with KCC

By Alan Smith

Maidstone council and Kent County Council clashed again yesterday in the High Court.

The two authorities are locked in a legal battle over how KCC, the highways authority, intends using £200,000 obtained from Section 106 contributions from developers to finance feasibility studies into the Leeds/Langley bypass - instead of the junction improvements and traffic-calming measures along the Sutton Road for which they were collected.

At an earlier hearing in July, based only on written representations, Maidstone was refused leave to seek a Judicial Review of KCC's decision by Mrs Justice Lang, who said Maidstone had not provided sufficient evidence that KCC's decision was unlawful, but yesterday, when its evidence was presented by a barrister, the borough had more success, with Judge David Elvin QC conceding that there was a sufficient case to be investigated.

Maidstone council leader Martin Cox with its chief executive Alison Broom
Maidstone council leader Martin Cox with its chief executive Alison Broom

The Leader of Maidstone Borough Council, Cllr Martin Cox (Lib Dem), said: “The objective of the Judicial Review has always been to gain clarity in respect of the use of Section 106 money, secured from developers through the statutory planning process, and intended for specific developments.

“Yesterday's oral hearing has allowed the merits of our case to be examined and I am satisfied that the judge has intimated that there are sufficient grounds for us to continue our legal challenge against Kent County Council."

But Cllr Cox held the door open to KCC to reach an agreement out of court. He said: “Throughout this process we have remained open to all discussions with KCC and will continue to maintain that position.”

KCC declined to comment.

The case will now be argued at a "substantive hearing" probably in February of next year.

Join the debate...
Comments |

Don't have an account? Please Register first!

The KM Group does not moderate comments. Please click here for our house rules.

People who post abusive comments about other users or those featured in articles will be banned.

Thank you. Your comment has been received and will appear on the site shortly.


Terms of Comments
We do not actively moderate, monitor or edit contributions to the reader comments but we may intervene and take such action as we think necessary, please click here for our house rules. If you have any concerns over the contents on our site, please either register those concerns using the report abuse button, contact us here, email multimediadesk@thekmgroup.co.uk or call 01634 227989.

Follow us

Like Us on Facebook

Most popular

Kent Travel News

Close This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.Learn More