FI16862
Request
This request relates to planning application reference 24/00293, concerning the erection of a drive-thru restaurant at Woolcomber Street, Dover.
I understand that Dover District Council received correspondence on or around 24 February 2025 in the form of a Pre-Action Protocol letter for Judicial Review, submitted by a solicitor following the Committee’s resolution to approve the application.
As this matter relates to a planning decision and therefore environmental information within the meaning of Regulation 2(1), I request disclosure of the following:
1. A full copy of the Pre-Action Protocol (Judicial Review) letter received on or around 24 February 2025.
2. Any enclosures or supporting documents submitted with that letter.
3. Any response issued by the Council to that letter.
4. Any internal correspondence (including emails) between officers, legal advisors, and/or members discussing the grounds of challenge raised.
5. Any legal advice obtained in relation to the matters raised (with redactions applied where strictly necessary).
Response
1. This is attached.
2. There were no enclosures or supporting documents and therefore the Council does not hold this information.
3. This is attached.
4. The Council holds not internal correspondence which concern the grounds of challenge raised. The Council’s Principal Solicitor (Planning) discussed the grounds of challenge with our barrister in phone calls and explained the position to officers at the Council in person. This position (ie that we conceded the claim) was then set out in the PAP response and, subsequently, in the consent order. A copy of the consent order is attached.
5. This is attached.
Please note that any personal information has been redacted from the attached document as this information is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004. Personal data is defined by Article 4(1) of GDPR and also Section 3 of the Data Protection Act 2018 and the release of this data would contravene the data protection principles.
Attachments
Attachment