The owners of Swan Quay have been granted permission for judicial review of the Faversham Creek Neighbourhood Plan. They had applied for permission on three legal grounds, two of which were rejected. But one was allowed to go forward to judicial review: that the examiner and Swale Borough Council acted ultra vires (ie, beyond what they are legally allowed to do) in making the modifications which the examiner said were necessary to meet the basic conditions for neighbourhood plans.
Assuming that Swale Borough Council intends to defend its case, which it has previously said it would do, both sides have up to 35 days in which to prepare their submissions. The judicial review should then take place within 10 weeks. So probably 3-4 months altogether.
The judicial review will not be a re-examination of the plan. A decision will be based purely on the legal process concerning the final submission and examination.
The topic is on the agenda for discussion in private session at the Faversham Town Council meeting on 19 September (7pm, Guildhall).
