Victory in Dover against McDonald’s

 

ELF had a victory in Dover, where an application was made by the multinational corporation McDonald’s to Dover District Council for the erection of a new drive thru restaurant that would be in operation 24 hours a day, under the iconic Grade 1 listed Dover Castle. The proposed site lies next to St James church ruin, a scheduled monument, on land that was once the church’s graveyard, and is in close proximity to many other listed buildings. The site is an ecologically rich area, with many rare species of birds, reptiles and bats. This includes the UK’s rarest bat species, the Greater Mouse- Eared Bat, which was believed to be extinct but has recently been discovered at the castle.

Due to this location, it has been a controversial proposal. It received over 300 objections on the planning portal, and a signed petition objecting to the proposal currently has over 27,755 signatures. English Heritage, Historic England, Kent Archaeological, Historic Buildings and Places, the Dover Town Council, the Dover Society and National Highways all raised concerns or objected. The group we assisted were extremely concerned about the damage the development would have on the heritage sites, traffic pollution, a local school which is in close proximity, wildlife and bats. The final proposal would have included several illuminated screens and signs which would have caused light pollution that would have been highly disruptive to the bats present on the site.

Unfortunately, despite this controversy, the proposal was approved at the end of January. With the help of Michael Feeney of Francis Taylor Building, ELF sent a Pre-Action Protocol letter to Dover DIstrict Council, setting out the legal errors they had made in approving this application. The Council conceded that they had erred in law on heritage grounds, and agreed to enter into a consent order to quash the decision. This was a huge victory for heritage and nature and, thanks to Michael’s assistance, the group were able to achieve justice without having to go through the long and costly litigation process.