A legal challenge has been launched over the decision by Thanet council to grant planning permission for 1,600 properties on agricultural land in Birchington.
The newly-formed Thanet Trust Association has a Judicial Review challenge underway focused on whether proper due diligence was carried out into the land ownership before a decision was made.
This is based on the land being held by The Master Fellows and Scholars of the College of Saint John The Evangelist in the University of Cambridge as a trustee under the terms of a will by Minster gentleman Henry Robinson dating to 1642.
In that will, Mr Robinson left the land in Birchington, and also a site on St Nicholas at Wade, to St John’s College Cambridge as trustee to found two Fellowships and two Scholarships for men born in Thanet, or Kent, and taught at King’s School Canterbury.
Research finds that there is no evidence of the trust being formally varied or brought to an end and also finds no evidence of any fellowships or scholarships being provided.
The association says that although the university is trustee and title holder it does not have a right to the equity of the land.
Thanet Trust Association member David Peerless said: “This is a judicial review of a planning decision by Thanet District Council. The land in question originates from a historic charitable bequest, dating back to 1642, which was intended to fund scholarships and fellowships for people born in Thanet and Kent.
“The question before the court is whether land that may be subject to charitable obligations has been properly identified and considered within that process. We are seeking to ensure that the relevant legal and charitable considerations have been properly taken into account, and that is now a matter before the High Court.”
The question of ownership under the 1642 will has also been raised previously by Birchington Parish Council. The parish council said there is no clear evidence the college holds the necessary ownership required to enter into contractual commitments affecting the land.
The outcome of a Judicial Review could result in the quashing of planning permission.
Thanet council has been served notice of the challenge as have interested parties including St John’s College Cambridge and developer Ptarmigan.
A Thanet District Council statement says: “We are aware of the Judicial Review application and are waiting on the High Court’s decision on whether the case will progress.”
Plans for development of 1,600 homes; a care home; primary school; community hub; a new link road, expansion of the medical practice and play areas on agricultural land off the Canterbury Road in Birchington were first proposed in 2019 with a planning application submitted in December 2020.
The plans were narrowly approved to defer and delegate to officers by the Thanet council’s planning committee in November 2024 by seven votes in favour and six against.
The formal notice of approval was published on December 23, 2025.
The Thanet Trust Association is asking those born in Thanet or Kent — or with a connection to the land — to join its beneficiary register at: https://thethanettrustassociation.eo.page/jointheregister
There is also a fundraiser for legal and investigation fees at: https://www.gofundme.com/f/the-thanet-trust-association-legal-and-investigation-fund
Shouldn’t be sold of its part of the original trust therefore not for tge Council to sell of to tgere property developers yet again
It’s not the Council that’s selling off the land.
Why should Birchington get away from this crazy building programme, tell me another part of Thanet that has not been hit
Because they may be breaking the law.
Broadstairs.. also this is a legal claim it has to be evidential. Unlike planning regulations which seems to work in the wild west.
Ray the bread 😩 it’s to with the legality of permission – please try to keep up!
I say it to wind idiots like you ,who always believe your right,also i do not like Birchington
Birchington loves you!
I doubt Peter , lived there quite a few years totally boring place
You obviously prefer places that have cool High Streets and have been totally regenerated by art.
Ray the bread – hit a nerve did I! I doubt Birchington was to fond of you?
Alot of this loss of farm land wouldn’t be necessary if people stopped this stupid obsession with manston airport
Or if TDC’s “Climate Emergency” was more than just virtue signalling.
Manston is private property
I wonder if the Land Registration Act 1925 will be decisive. What does the Register say?
Best of luck to them.
Build on Manston. Support for a cargo hub has ruined our fields and open spaces. Meanwhile, the largest brownfield site in Kent lay dormant when a 10,000 dwellings garden village could havr gone there.
So all these thousands of houses, who’s gonna live there, where they gonna work, coz there’s already high unemployment here on the planet thanet! Birchington should be left alone and retain some sort of farmland. OH WAIT….BLACKROCK WANTS ALL THE FARMLAND
BlackRock can smell a struggling farmers blood from a mile off, the Labour Party made sure as soon as they won the GE that one of their first meetings was with BlackRock, then mess around with the farmers inheritance and the job is nearly done.
If they could build on Manston they’d still build on other land. Knock down the old buildings first and replace with new, some areas need demolition like Eaton Rd for instance.
True. But not as many new houses would have been built on Birchington’s greenfield sites.
And this JR challenge seems to be an expensive waste of money. If it succeeds, then the houses will be built in a different green field, somewhere in Thanet
The ongoing Middle East conflict is yet another example of events thousands of miles away effecting the UK. We should be as self sufficient as possible in all areas, not just agricultural. Agricultural land should be legally and permanently protected. This is yet another example of short-term focused Commercial and Governmental planners dealing with long-term problems.
Thers is enough land, just not enough people willing to pay the price of what sgould be grown on it, rather than in Spain etc.
The Tory councillors all voted for these houses in District Council.
That is not true.
The RSPB sold land left in Trust to a housing developer, nothing is sacred.
Why not start a new town or add on to Westwood X, villages should retain their village status.