Michael Gove sued by housebuilder for blocking scheme in Kent

‘It was vetoed by Mr Gove after a three-year planning process’. 

Berkeley Group has launched a legal challenge against the housing secretary after its plans for a development in Kent were blocked on ‘design grounds’.  

The housebuilder intends to apply to the High Court for a statutory review of Michael Gove’s decision last month to reject a scheme in Cranbrook, despite being recommended for approval by the planning inspectorate.  

Berkeley had intended to build 165 new homes in the High Weald Area of Outstanding Natural Beauty (AONB). 

But despite being approved by Tunbridge Wells Borough Council, the scheme was called in by the housing secretary in April 2021. 

The development was later granted ascent by the planning inspector amid a local housing land supply shortfall, and with a requirement that 40% of the homes be affordable. 

But last month Mr Gove overruled the planning inspectorate on various grounds, including, he claimed, the scheme’s ‘generic, poor design’, given the AONB setting. 

It is understood to be the first instance of the housing secretary preventing a build on aesthetic grounds.  

Berkeley said it is challenging Mr Gove on six grounds, including the design claim. 

A Berkeley Group spokesperson 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 in Kent. Berkeley is challenging the decision on six grounds including the individual design of the homes.   

“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 (an executive agency, sponsored by the Department for Levelling Up, Housing and Communities), it was vetoed by Mr Gove after a three-year planning process.” 

To read the Department for Levelling Up, Housing and Communities’ reasoning on this issue, click here.  

Image credit: Chatham House, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons. 

Enjoyed this? Try £1.5bn London Liverpool Street station plans lodged