Plans to build a 290-home estate on an orchard will now be determined by a government planning inspector after the developer appealed.

Swale council refused permission for the scheme at Ufton Court Farm, dubbed Ufton Green, in November.

It would see housing built on an area the size of 40 football pitches in Tunstall, classified as the “best and most versatile” agricultural land.

Access would be via a new roundabout at the junction of Minterne Avenue and College Road, near the Beauty of Bath pub.

It was opposed by more than 200 members of the public.

The local authority refused it as it falls outside the boundary of the town and is not allocated for housing in its Local Plan, because it risks spoiling the character of the countryside, and due to the loss of top-grade farmland.

It also objected due to the shortage of affordable homes being proposed – 30% of those built instead of the council’s specification of 40%.

Planning officers said these concerns meant harm caused by the scheme “would significantly and demonstrably outweigh the benefits”.

The developers, Hallam Land Management, contend that the need for extra housing in the borough outweighs all other factors, however.

In its appeal case, it argues that, because the borough’s Local Plan is more than five years old, it is out of date and so the fact the land lies outside the settlement boundary is irrelevant.

The developer also says the loss of farmland would be negligible as there is plenty of high-quality agricultural space in the borough.

The issue will now be determined by a government planning Inspector in the New Year.

To view details of the original planning application and the appeal, click here and search for planning application number 22/505646.

Residents wishing to make further responses to the planning inspector on the matter must do so by January 21.

Some 190 protesters initially commented on the council’s planning portal to criticise the plans, fearing strain on infrastructure from an increased population.

“This orchard is one of the last areas of green belt here to the south of the town,” wrote Denise Petro.

“Schools, doctors and roads cannot take any more people.

“The outskirts of this town has expanded to the extent that it is at bursting point,” she added.

Another resident wrote to the planning department to say: “Sittingbourne is losing all sense of identity due to over development, overpopulation and poor planning. Sittingbourne is being destroyed.”