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downsmail.co.uk Judicial review to continue


MAIDSTONE Borough Council's High Court legal action against Kent County Council will continue to another stage.


Lib Dem-ledMBC’s oral hearing


convinced Deputy Judge David ElvinQCtolet the caseproceedtoa “substantivehearing”onhalfof the six grounds for a judicial review. The case revolves aroundMBC’s


unhappiness that Tory-led KCC usedroadlevies fromthree specific A274 housing developments to carry out viability studies for a Leeds-Langley relief road. MBC’s application for an injunc-


tion to stopKCC using themonies for the studieswas thrown out,we understand, as itwas too late. Although the decisionwas not a


victory for either side, MBC has managed to keep its chances of se- curing the judicial reviewalive. The processwill drag the case to


beyondChristmas andpossiblyup to the run-in to nextMay's crucial


borough council elections, when the Lib Dems’ narrow coalition majority will come under threat froma resurgentTory groupunder the leadership of John Perry. MBC brought the action against


KCC after years of wrangling be- tween the two authorities. One year ago, they agreed to


Council boss complaint ‘politicallymotivated’


ANOFFICIAL complaint against Leeds-Langley relief road cam- paigner Gary Cooke by the chief executive ofMaidstone Borough Council has been thrown out. MBC boss Alison Broom (right)


has nowbeen accused of a “politi- cally-motivated” case againstKent County Councillor Cooke inApril over a Facebook posting. CllrCookewas exonerated after


a six-month inquiry by lawyers into his conduct. Mrs Broomtook issuewithCon-


servative Cllr Cooke’s claims on his social media site that, for months, MBC had blocked cash needed for KCC’s exploratory work to assess the viability of a by- pass. He claimed it was “reluc- tance”


by the “Liberal


Democrat-controlled” MBC to re- lease house-building developer contributions (S106 money) be- cause of a legalwrangle. After months of disputes be-


tween the two authorities, £200,000 was eventually released and Tory-led KCC has begun work, he said. On April 20, Mrs Broom wrote


to KCC’s monitoring officer say- ing: “I am raising this with you formally, given MBC’s concerns about its (CllrCooke’s posting) ac- curacy and timing (given the local government elections in Maid- stone) and request that you inves-


18


tigate it.” The casewas investigated by an


“independent person”, retired so- licitor and former Crown Prosec- tuor Michael George, and KCC’s general counsel BenWatts. In a let- ter toMrs Broom,MrWatts states: “Having considered your com- plaint relating toMr Cooke’s con- duct, I have concluded following consultationwith the independent person that he has not breached the code of conduct.” Cllr Cooke said: “I amdelighted


that this matter has been con- cludedandthatmy actions andmy desire to keep residents informed has been fully vindicated. Iwas ex- tremely disappointed that an offi- cer should apparently become involved inwhat I perceive to be a politically-motivated decision.” Mrs Broom declined to com- ment on the result.


Maidstone East December 2018


meet in a group headed by MPs Helen Grant and Helen Whately, but this has not worked out, ac- cording to observers, ultimately deteriorating to the point of legal action byMBC. But Lib Dem leader Cllr Martin


Cox said after the hearing that his door is open to discussions with KCC, suggesting that further tax- payer funded court time could be avoided. After the November 7 hearing,


CllrCox said: “The objective of the JudicialReviewhas always been to gain clarity in respect of the use of S106 money, secured from devel- opers through the statutory plan- ning process, and intended for specific developments. Today’s oral hearing has allowedthemerits of our case to be examined and I


am satisfied that the Honourable Judge David Elvin QC has inti- mated that there are sufficient grounds to continue our legal chal- lenge against KCC. Throughout this process we have remained open to alldiscussionswithKCC.” Downs Mail asked MBC for a


breakdown of the costs to the tax- payer of itsmanagement’sdecision to takeKCC to theHigh Court but did not respond. We understand that with the


case proceeding to another stage, barristers atQueen’sCounsel level plus juniorswill be engaged, rack- ing up even bigger legal bills. We approachedKCCleaderPaul


Carter for a comment. Conserva- tive-run KCC has carried on with the relief road studies despite the threat of legal action byMBC.


Modal shift ‘a choice’


ONCE described as the twomost feared words in the English language, it appears “modal shift” is undergoingsomethingof an imagemakeover. The termis used to describe the replacement of onemeans of trans-


portwith another,which inMaidstone’s case is swappingmotor vehicles withwalking, cycling and buses. But in the year since the passingof


Maidstone Borough Council’s Local Plan, andwith its 17,600 newhouses and tens of thousands of cars joining roads which are already under con- siderable pressure, modal shift has begun to attain altogether more negative connotations. Politicians on the doorstep hear the words spat back at them in disgust and the phrase is becoming increasingly toxic. Now Conservative borough coun-


cillorDavid Burton (pictured) is seek- ing to restoremodal shift’s tarnished reputation. He has used the phrase “modal choice” frequently in recent times,most notably at the lastMaid- stone Joint Transportation Board meeting. Indeed, he claims MBC officers are in the habit of using the new term and adds: “Modal shift was about carrot and stick, but I be- lieve that we should take the stick out altogether and offer choice in- stead.” Thatmeansofferingalternatives suchas electricbikesoraseasonalap-


proach to transport other than the car, he said. But Cllr Burton’s Tory group leader John Perry,who represents Staple-


hurst, is not impressed.He said: “Iwouldn’t think the termwill getmuch traction in the Conservative group as awhole.” Tory county councillorGaryCooke,who says he has “never bought into


modal shift”wasalsounderwhelmed.He said: “Youcanchange thewords if you like, butmodal shift would never have anythingmore than a very limited impact on traffic congestion.” Wendy Young of the Leeds-Langley Relief Road Action Group chose twowords to describe the newphrase: “Total rubbish.”


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