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MBC v KCC| News High Court case ‘is strong’


MAIDSTONE Borough Council is confident it can win its tax payer-funded High Court action againstKentCountyCouncil, ac- cording to papers seen by DownsMail. The hearing date has been set


forMarch 21, and LiberalDemoc- rat-ledMBC has been advised by its legal counsel it has a “strong case”. MBC’s Lib Dem leader Martin


Cox and council chief executive Alison Broomclaimthey are seek- ing “clarity” on the use of cash contributions from housing de- velopers (Section 106money). KCC wanted to use £200,000


from three developments on the A274 to fund studies into a Leeds- Langley relief road. MBC ear- marked that money for changes to roads. In an internal memo, Patricia


Narebor, head of legal partner- ship at MBC, tells senior figures in the authority: “Maidstone has been advised by leading counsel that the council has a strong case in many respects and the case is being progressed accordingly.” It added: “A draft proposal to


settle the claim was reached with representatives of KCC prior to the (2018) oral hearing; however, KCC declined to finalise the set- tlement, but opted for the pro-


MBC chief Alison Broom, above, and left, the High Court in London


ceedings to continue.” We understand that Tory-run


KCC offered to return the £200,000 and fund the relief road surveys itself. A statement from Maidstone Borough Council said: “Maidstone Borough Council (MBC), can announce that it has been informed today (23 January, 2019), that the date for the High Court of Justice Queen’s Bench Division Court hearing of the Ju- dicial Review between the au- thority and Kent County Council (KCC), is to be held on Thursday, 21March 2019.


“The Judicial Reviewwas insti-


gated by MBC and brought againstKCCinMay 2018, after all attempts to settle a matter over the use of specific S106money ob- tained as part of the statutory planning process proved unsuc- cessful.” Leader of Maidstone Borough


Council, Cllr Martin Cox, said: “We hope that this matter can be resolved before the forthcoming hearing in March. Throughout this process we have remained open to all discussions and nego- tiations with KCC, and will con-


tinue to do so for the benefit of all residents across the borough.” Conservative and Labour group


leaders have jointly urged MBC management and political leader- ship to “put a hold” on any fur- ther action and resolve the dispute. KCCleader PaulCarter said: “It


shouldn’t be happening, that’s all I’msaying.” Despite repeated requests for


an update on how much the tax- payer has paid (or is likely to pay) for the High Court action, MBC has refused to comment.


Leaders’ call to halt council’s court action


LABOUR and Conservative group leaders on Maidstone Bor- ough Council have urged officials and political leadership to put a hold on High Court action against Kent County Council. Labour’s Malcolm McKay and


Tory John Perry are concerned aboutLiberalDemocrat-ledMBC’s decision to press onwith proceed- ings to get a tax-payer funded ju- dicial review. Theywant parties to get around


a table to resolve the dispute ami- cably andmade their feelingsplain at ameeting of council group lead- ers on January 3. CllrMcKay toldDownsMail: “It


is fair to say that John andIwish to see this resolved outside the courts.” Eddie Powell, Maidstone Inde-


pendents’ leader, agreed. Paperwork for the next round of


taxpayer-funded legal action by MBCagainstKCChas been lodged with the High Court in London. MBCis seeking a judicial reviewto


Cllrs John Perry andMalcolmMcKay want an out-of-court resolution


examine how KCC spends S106 cash released by developers for road improvements. The borough council’s chief ex-


ecutive Alison Broom and the Lib Dem leader Martin Cox say the costly legal action is for “clarity”. At the heart of the case is the


MBC house-building programme, which will see 17,600 new homes


and a massive increase in traffic. Another 8,000 units could be in- cluded in the Local Plan review. Accordingtocourtpapers, indis-


pute is MBC’s demand to convert the A274 (Sutton Road) into a six- lane highway to accommodate bus routes. KCC has indicated it is un- willing to do this because itwould “disadvantage” other road users.


But the county council wants to


use £200,000 of the £2.7m in S106 monies from three A274 develop- ments to carry out studies into a Leeds-Langley relief road. MBC is committed to its policy


ofmodal shift. which will encour- age residents to travel by bus, bi- cycle or on foot rather than by car. Cllr Cox admitted last year that


he was “not 100% sure” modal shiftwillwork. A well-placed KCC source said:


“This has nothing to do with the £200,000 anymore. MBC is trying to supersede the authority of KCC as the statutory body responsible for building roads. “We have to go to court to fight


that and one would expect that MBC will fail in that quest. But it seems MBC will not back down untilKCCdelivers six lanes on the A274, and we are not going to do that.We neverwanted this to go to theHigh Court.” KCC has asked the judge to re- jectMBC’s claimwith costs.


Maidstone Weald February 2019 19


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