Large estate may be derailed by 400-year-old will

Plans for a sprawling 1,600-home estate on Kent farmland could be derailed, after a 384-year-old will emerged as the centrepiece of a High Court challenge.

The development in Birchington, near Margate, has already been approved by Thanet District Council (TDC) despite almost 2,000 objections.

But campaigners say the land may still be bound by a centuries-old charitable promise, claiming it may not have been properly considered before permission was granted.

A spokesperson for TDC said: "We are aware of the judicial review application and are waiting on the High Court's decision on whether the case will progress."

The document, dating back to 1642, sets out how the land was to be used after the death of Henry Robinson, of Monkton.

It left the farmland to St John's College, Cambridge, to fund scholarships for young people born in Thanet and educated at The King's School in Canterbury.

Campaigner David Peerless told the Local Democracy Reporting Service there was no evidence of the funds being ever used or the terms of the bequest having ever been formally changed or brought to an end.

He is now seeking a judicial review to ensure the historical conditions attached to the land are properly considered.

"It is not about opposing development in principle or how proceeds might ultimately be used," Peerless said.

"It is about whether land that may be subject to charitable obligations has been properly identified and lawfully dealt with as part of the planning process."

Peerless, who lives near the site, said he obtained a copy of the will from the college via a Freedom of Information request, after being alerted to its existence by the Birchington Historical Trust.

He has set up the Thanet Trust Association, which "gives a voice to the intended beneficiaries" of the 1642 bequest.

The judicial review would focus on the legality of the council's decision to grant permission, not the merits of the housing development itself.

A decision on whether the case will proceed to a full hearing is expected within the next six to eight weeks.

St John's College in Cambridge has been formally notified of the challenge and was asked for a response.

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