Councillor Margaret Cooksey, Mole Valley District Council’s (MVDC) Cabinet Member for Planning, said: ‘MVDC approved a planning application in March 2023 for a Special Educational Needs and Disability (SEND) School on Reigate Road, Dorking. However, a High Court challenge was filed by a claimant, citing issues with habitat regulations and the consideration of late objections. Recognising the urgent need for SEND school provision and to avoid future legal complications and excessive costs, MVDC, after consulting with the Department for Education (DfE), opted to request the Court to quash the original decision, so MVDC could reconsider the application. More background information can we found in the previous update.
‘Today (31 July 2024), we have received a confirmation form the High Court that the decision has been quashed on the basis of the challenge in respect of the habitat regulations.
‘I’m aware that our residents and key stakeholders will want to know what it means in practical terms. When a decision is quashed, it’s back to the first stage of the planning application process and we are therefore holding this planning application as undetermined.
‘Department for Education (DfE) indicated that they would like to submit some further information for consideration as part of the application. Once this is received, we will re-consult on the application.
‘As this is the same application as originally submitted, we will be taking into account all representations already made. We’ll be also inviting views on the new information via a public consultation.
‘Regrettably, at the moment, I cannot be more precise about the timeline for the application, but I can reassure all interested stakeholders, that we will seek to process the application as swiftly as possible. The next available Development Management Committee meetings are on the 4 September and 2 October 2024.’
