It may be back to the drawing board for plans for a new school in Dorking for pupils with Special Educational Needs and Disabilities (SEND) which was to be called Betchwood Vale.
This is likely to be a huge disappointment to local parents in and around Dorking and the south of Mole Valley but also in other areas where there is an under provision of SEND school places or lengthy journeys to schools. The cost of funding transport is a major issue for Surrey and other education authorities.
Other interim solutions for the deficit of suitable SEND school places in Mole Valley may now need to be considered as Betchworth Vale does not appear to be able to be built anytime soon, unless the legal situation can be resolved or a new decision taken on the application after the original one is quashed, which could in turn be challenged if it were approved.
It’s understood that local residents or associations in the area of Dorking affected by the approved development of Betchworth Vale applied for a Judicial Review of the planning approval granted by MoleValley Development Management Committee (DMC). The grounds for challenge are understood to have been habitats and highways matters rather than Green Belt related.
The Council’s deputy chief executive has now told councillors he has used his delegated authority to decide not to defend that challenge. This is likely to mean the court will quash the planning permission granted 2023. He also indicated he had spoken to Department for Education who are funding the school and may own the site. The chief executive had also informed officers at the County Council who are the local education authority and fund school transport.
This decision was taken on or before 28 March 2024 by the deputy chief executive using his delegated powers. Prior to that decision only the Council Leader and Cabinet member for Planning were kept informed about the legal proceedings – Cllrs Cooksey who are also the ward councillors for Dorking South and live quite close to the site. They also opposed that particular site for use as a school on at least one previous occasion when it was refused. A second, modified proposal was approved by the DMC although the Council planning officers had recommended refusal.
The reasons given are that it would be costly for the Council to defend the Judicial Review given a legal assessment by a barrister of the chances of successfully defending it. And the legal costs even if the courts found in favour of the Council.
However the all-party Development Management Committee (DMC) meeting on 3 April were not informed their decision had been changed or is likely to change as a result of the decision taken under delegation. Cllr Margaret Cooksey is a member of DMC but did not attend that meeting. The Council website still shows the application as granted with conditions.
We approached MVDC and the deputy chief executive on Friday for comment but they did not have a statement immediately available. The email we have seen from the deputy chief executive Piers Mason indicates the more detailed update is likely only once the court has officially quashed the planning consent.
“….The point of law is very narrow but there is a chance that the Council could lose and that the costs across all parties, that we would need to pick up, would be circa £100,000. Even if we win it is likely that our costs would be in the £35,000 to £40,000 range. I have reached the conclusion that because the case has no impact on the application of Mole Valley policies or strategies (it is centred around a specific legal test of compliance with the Habitat Regulations, and a judgement in terms of traffic) there is no ongoing benefit to this council from a policy interpretation perspective, i.e. we do not need to pursue the claim to defend our interpretation of our green belt policy for example. There is clearly a negative impact on the provision of a SEND school but I am firmly of the view that the most prudent course of action is to concede to the quashing of the decision and redetermine the planning application. There will still be costs to pay but they will be contained to the process so far. …”
The education trust which would have run Betchworth Vale, THPT has also been approached for reaction via their communications company.
Cllr Jo Slater, Leatherhead South Conservatives councillor commented on her Facebook page
“Many parents and children were there the night the planning was approved. What a blow for them.
At best this is a delay to the SEND school opening. At worst, it will result in the whole project failing (the budget for planning permission has been spent).
What is also troubling is that this has happened completely behind the scenes. Councillors did not know.
I appreciate this will be disappointing for all the parents and carers currently travelling a long way to get SEND school provision for their children. I plan to get to the bottom of the decision and how it was made, and I would be happy to work with anyone who has alternative ideas for sites…”
We understand that these concerns are shared across the council chamber including members of the majority Lib Dem group, who were (the email implies) not consulted or informed either, and by local county councillors. Members of DMC are unlikely to comment as that might predetermine them if the application comes back to be ‘redetermined’ .
MVDC has clarified that in their view a fresh application would not need to be made. The decision to permit about to be quashed can be taken again by DMC on the same application. The applicant possibly can choose to withdraw it anyway.
But the upshot is, the ongoing crisis and escalating transport cost for local SEND education borne by SCC look set to continue due to this planning wrangle.
On Monday before MVDC had clarified ‘redetermine’ – the status of the application after the decision to permit is quashed, Chris Coghlan Lib Dem parliamentary candidate for Dorking and Horley including Fetcham and Bookham commented :
Here is the exasperation of a parent expressed early last year when the matter was last at the DMC. The school was originally planned to open last September and this wrangle has been going on since 2018:
Our email is livingkt22@gmail.com or follow @livingkt22 on X (Twitter) where you can DM us with any comments. This is an ongoing story as at 8 April 2024 and we are awaiting any statement from MVDC as well as SCC and THPT.
Leatherhead Living 