Pre-Action Protocol Letter (15th April 2026)
Faversham Town Council has now taken formal legal steps to protect the future of Faversham Creek.
On 15 April 2026, the Town Council supported by Counsel issued a Pre-Action Protocol Letter to the Secretary of State for Transport. This is the formal step required before seeking a Judicial Review.
The action relates to the Department for Transport’s continued failure to act on long-standing problems at Faversham Creek, including:
- A replacement bridge that prevents navigation
- Non-functioning sluices
- Ongoing silting of the Creek
- Increasing local flood risk
Despite repeated requests, the Department has refused to issue an abatement notice under Section 43 of the Medway Ports Authority Act 1973 without providing any clear reasons.
The Council considers this response unacceptable.
In the absence of action, the Town Council is now preparing to pursue a Judicial Review to:
• Require the Government to properly reconsider its decision
• Ensure a fully reasoned and lawful response
• Secure the action needed to restore and protect the Creek
While the Council remains open to constructive dialogue, it is clear that urgent progress is needed. The condition of the Creek continues to deteriorate, with real consequences for navigation, heritage, and flood resilience in our town.
The Mayor of Faversham, Cllr Josh Rowlands, said:
“For far too long Central Government have ignored Faversham residents’ call to help them in the fight for a navigable creek and working bridge and sluice gates. The Town Council is once again taking the fight to ineffective, inattentive central government to get results that residents not only want but deserve.”
1st Anniversary of petition deposit (13th November 2024)
On 13th November 2023 a delegation from Faversham travelled to the Department for Transport to hand over a petition with over 1500 signatures. The petition has never been acknowledged by the DfT and further correspondence has not been answered.
To mark the first anniversary of the petition deposit many people gathered at the bridge, this included representatives from Kent County Council, Swale Borough Council, Faversham Town Council, The Faversham Society, Faversham Creek Trust, Cinque Port Rowing, Where’s Our Bridge, Save Ham Farm and members of the public. The Frustration with the Department of Transport and indeed Peel Ports and Kent County Council was palpable at the gathering.
Chair of the Faversham Town Council Heritage Buildings and Creek Committee Cllr Trevor Martin Said ‘ It has been a year since the petition was handed in, we just need the parties involved to get in a room and agree to allowing the Creek Basin to be accessible and the sluicing to resume, so that the regeneration of the area can commence. As a member of the Confederation of the Cinque Ports Faversham’s maritime heritage is long and proud. Continued access to the Basin will mean that the potential for businesses to access the £75000 grant to move road traffic movements to Maritime could be realised.’
Current Mayor of Faversham Cllr Josh Rowlands said ‘Faversham is about community and the Creek is a key part of the not only the Towns history but of community groups wanting to use it, an opening bridge with working sluices is key to ensuring that development in line with the Neighbourhood plan can take place and everyone benefit from this.’
Petition deposited at Department for Transport
The Mayor of Faversham, The Deputy Mayor and County Councillor Antony Hook hand delivered the petition signed by over 1500 residents to the Department for Transport on Monday 13th November 2023. They were accompanied by Cllrs Alex Eyre, Ben J Martin, Julian Saunders and Mr Nick Mengham.
Hear the Mayor of Faversham talk about delivering the petition to the Department for Transport.
Signatures for the petition were collected outside the Town Hall, 12 Market Place on Saturday 22nd July 2023.
Faversham Town Council, with the support of the community has been campaigning for a new bridge over Faversham Creek for several years.
A new bridge and sluice gates will benefit the whole town, bringing new boats, visitors and life to that part of Faversham.
In 2021, the Town Council obtained legal advice which says that Peel Ports (as the successor of the Medway Ports Authority) has a legal duty to maintain the bridge. Peel Ports have refused to accept this or to make any repairs.
The legal advice also stated that the government has the power to make Peel Ports fulfil this duty. In August 2021 the Town Council wrote to the Secretary of State for Transport asking him to use this power and have written several times since. He has never given a substantive reply.
Lord Monroe Palmer, a resident of Faversham has raised the issue twice in the House of Lords on behalf of the Town Council. This led a Minister to say matters are still “under review” in November 2022.
The government still refuse to take action and appears to us to be protecting Peel Ports at Faversham’s expense.
Please sign our petition today calling on the government to use their powers and make Peel Ports fix our bridge.
