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Decision due on Esquire’s plans to build 52 homes at Ivy Farm, East Malling

Opponents of plans to build 52 homes on an orchard near a conservation area are gearing up to contest it again.

Esquire Developments first submitted an outline application for land at Ivy Farm off Wateringbury Road, East Malling, two years ago.

The orchard at Ivy Farm in East Malling that is earmarked for development
The orchard at Ivy Farm in East Malling that is earmarked for development

The application was considered by Tonbridge and Malling Borough Council’s (TMBC’s) planning committee in September and an impassioned protest by residents came close to persuading councillors to reject the application, contrary to their planning officers’ advice.

Instead, it was agreed they would defer their decision to enable further investigation of the potential conservation and heritage issues to be carried out.

One of the concerns was the effect the application would have on the East Malling Conservation Area and the listed buildings nearby.

The scheme is returning to the planning committee tomorrow (Wednesday, January 15) with officers again recommending approval.

Nine members of the public and two parish councils have been listed to speak at the hearing.

Since the last meeting, Esquire has revised where the entrance to the estate would be by four metres following concerns from neighbouring residents about the proximity to their home.

The borough’s conservation officer has also been able to prepare a more detailed study about potential harm to the Conservation Area.

He concluded this would be “less than substantial” but admitted there is “very little information” within the Conservation Area appraisal on which an objection could be based.

The appraisal which is “approximately 20 years old”, is “very tightly drawn” and “inward-looking” with little reference to views or setting, he said.

His conclusion has angered objectors, who say the borough council should have reviewed and updated its Conservation Area appraisals - something most local authorities seek to do every five years.

Residents have been protesting over the proposed new homes for East Malling
Residents have been protesting over the proposed new homes for East Malling

One resident, Lesley Saunders, has written to the council’s chief executive, Damian Roberts, asking: “Could you please explain how key designated heritage assets have been put under so much risk through statutory failings from your council, and, most importantly, how will this mismanagement be rectified to ensure Conservation Areas are properly protected in line with the required legislation?”

Meanwhile, Kent County Council’s heritage and conservation officer has stated: “I have concerns over the density and number of housing proposed.

“The number of proposed dwellings is contrary to the historic landscape character of dispersed farms within open, linear fields. I also have concerns regarding the impact of increased traffic on the medieval village of East Malling.”

In addition, Larkfield and East Malling Parish Council has commissioned its own study on the effects of the development on nearby historic buildings and the Conservation Area by the chartered surveyor Virginia Gillece.

In a 25-page report, Ms Gillece concluded that “the development would the erode positive rural qualities that form part of the setting to the listed buildings and Conservation Area, and thereby would be detrimental to a component of their special interest and significance.”

Looking south along Wateringbury Road. The site access would be on the left
Looking south along Wateringbury Road. The site access would be on the left

In contrast to the borough’s conservation officer, she concluded the adverse effect on the Conservation Area would be “substantial” due to “the increased noise, fumes, vibrations and visual traffic load on the single track road into the village.”

Other objections still remain, with East Malling and Larkfield Parish Council also concerned that the developer has not left a wide enough buffer zone around a badger sett next to the site.

Since September, the borough has received an additional 33 objections on top of the 238 it had already taken in.

The scheme is an outline only, and councillors are being asked only to agree to the principle of the development and the access details.

Nevertheless, the developer has provided an indicative layout which shows the provision of 39 market homes - 23 with three bedrooms and 14 with four - plus 13 affordable housing units ranging from one-bed to four-bed properties.

The orchard at Ivy Farm in East Malling
The orchard at Ivy Farm in East Malling

The site covers 4.6 hectares, but 1.95 hectares would be left as open space, including an area of the existing fruit trees to be retained as a community orchard.

The proposed access road lies just outside a 20mph zone on Wateringbury Road, but Esquire intends to extend that zone by 10m so that its new road is included in it.

Developments of more than 50 homes are required to have two accesses, one for use by emergency vehicles, but the developer argues this could be overlooked as “the exceedance is small.”

The site is classed as being in the countryside and was not allocated for housing in TMBC’s last Local Plan. However, because the authority does not currently have a valid Local Plan and cannot show it has a five-year supply of land for future housing five years of housing, the government says the presumption should always be in favour of development.

The Ivy Farm application has also been opposed by both Teston and Wateringbury Parish Councils, which fear the extra traffic will impact their communities.

There are fears the development would add extra congestion to the roads in the village
There are fears the development would add extra congestion to the roads in the village

There has been one letter of support.

TMBC said it had registered Ms Saunders’ letter to the chief executive as a formal complaint and would respond within 10 days.

It transpires that the borough council last reviewed its East Maling Conservation Area Appraisal in 2006. The Conservation Area Appraisal for West Malling was last reviewed in 2002 and for Ditton in 2004. All are substantially out of date.

A council spokesman said: “Our borough has 61 conservation areas, many of which are covered by appraisal reports which document their special character and inform planning decisions.

“We acknowledge that our current set of Conservation Area appraisals needs updating.

Find out about planning applications that affect you at the Public Notice Portal.

“While constrained resources have limited our ability to do this, we’ve recently been awarded government grant funding which will enable us to make a start and prioritise key areas.

“This will form part of our preparation of a Local Plan and we’ll be consulting the public on the draft appraisals.”

Details of the Ivy Farm application can be found on the TMBC website under application number 22/01570.

The planning meeting is open to the public and will be held at the Gibson Building in Kings Hill at 6.30pm.

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