Global law firm Ashurst has advised Berkeley Homes on securing planning permission for the development of 165 houses in Turnden, Kent.
The Secretary of State for Housing Communities and Local Government, represented by Matthew Pennycook MP, granted the permission following a comprehensive inquiry and legal proceedings, finding that there were exceptional circumstances that justified development within an Area of Outstanding Natural Beauty.
The journey to this approval has been extensive and complex. Following a resolution of Tunbridge Wells Borough Council to grant permission in January 2021, the application was called in by Secretary of State Robert Jenrick MP in April 2021. Ashurst represented Berkeley Homes at the high-profile 5 week public inquiry, resulting in inspector GD Jones recommending the grant of permission in April 2022. Despite this, Planning Minister Rachel Maclean refused permission in April 2023 on behalf of Secretary of State Michael Gove. Ashurst then advised Berkeley on a statutory challenge to the decision which resulted in the decision being quashed by consent in the High Court in October 2023. This pivotal High Court ruling paved the way for the redetermination of the call-in, ultimately leading to the successful grant of planning permission.
The Ashurst team was led by head of UK real estate and co-head of planning Claire Dutch. She was supported by senior associates Olivia Barton and Christina Achkarian and head of UK real estate dispute resolution Alison Hardy and associate Joe Perry.
Commenting on the decision, partner Claire Dutch said, "We are delighted to have supported Berkeley Homes in achieving this significant milestone. Our strong relationship with Berkeley Homes has been instrumental in navigating the complexities of this planning permission. This positive result signifies a pivotal shift in national decision-making, underscoring the critical importance of housing delivery for local planning authorities."
