Birchington Parish Council weighs legal action over 1,600-home farmland scheme
Birchington Parish Council is considering a legal challenge after Thanet District Council granted approval for a 1,600-home development on high‑grade agricultural land on the edge of the village. Councillors say they have begun taking legal advice on the prospects of a judicial review and are working alongside the Thanet Trust Association, which represents beneficiaries of the historic landowning trust.
Council explores legal challenge
The parish council has instructed lawyers to examine whether Thanet District Council’s decision can be contested in the High Court. It is also liaising with the Thanet Trust Association, which has raised concerns with officials, the landowner and developers over how trust land is being used and whether the scheme is compatible with the trust’s purposes.
Long-running objections to scheme
The outline application, known as SP16 (OL/TH/20/1755), covers 1,600 homes, a primary school, community facilities, commercial space and land associated with an expansion of Birchington Medical Centre. Parish councillors have repeatedly objected, arguing the plans conflict with Thanet Local Plan policies SP16, SP24 and SP26, as well as the Birchington Neighbourhood Plan, by pushing housing into designated open countryside.
Loss of farmland and landscape impact
The development would occupy undulating chalk farmland made up largely of Grade 1 and 2 arable land, which campaigners describe as among the district’s best and most versatile agricultural resource. The parish council says the scheme exceeds the original Local Plan allocation, risks further “creep” of development and could ultimately push housing numbers on the site beyond the 1,600-dwelling cap set out in policy SP16.
Infrastructure, traffic and services fears
Local representatives have raised questions over the proposed link road, warning it could draw heavy traffic through densely populated parts of the extension and create a barrier between new neighbourhoods, the existing village and surrounding green space. They also argue that the positioning of the school, community facilities and medical capacity fails to reflect the Neighbourhood Plan’s vision and may weaken commitments on affordable housing and sustainable transport.
Call-in request rejected
Opponents had asked the Secretary of State to “call in” the application earlier in 2025, citing concerns over policy compliance and affordable housing. The request was refused, leaving the final say with Thanet District Council, which has now issued its decision notice and triggered the parish council’s exploration of potential court action.
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