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Appeal inspector backs 440-unit housing development at Otham

Elementary Admin
By Elementary Admin &
12th January 2021

Maidstone Borough Council will face costs after the inspector’s decision to back the developer’s two appeals

A scheme for 440 homes in Otham has been backed at appeal by a planning inspector.
The greenfield site had been allocated in Maidstone Borough Council’s 2017 Local Plan “as a strategic development location for housing growth with supporting infrastructure”.
However, in July the local authority’s policy and resources committee voted to reject the project, west of Church Road next to St Nicholas Church, after it had already twice been rejected by the planning committee.
Council officers had recommended the development be approved, fearing that, with the site included in the Local Plan, developer Bellway would win an appeal.
And last week the Planning Inspectorate announced that inspector Stephen Normington had allowed Bellway’s two appeals, which he had considered jointly.
The first related to non-determination of an outline planning application for 440 homes, with the second coming after MBC had refused an application for a revised project of 421 units.
Mr Normington’s report concluded there was “no demonstrable evidence” supporting one of the council’s reasons for refusal on highways grounds. The council had cited the impact of the development on traffic congestion in Willington Street and highway safety at Church Road.
The county council had also raised highways objections.
Although he said there was “no doubt in my mind that the appeal proposals will contribute to the congestion already experienced on Willington Street to a degree”, the inspector continued: “Whilst this would undoubtedly cause driver inconvenience, I have no substantive evidence to suggest that this would cause a highway safety problem.”
Further, he did “not consider that the proposed developments would demonstrably cause worsening safety issues on Church Road to the south of the site to the extent that both these appeals should be dismissed”.
He also added “significant weight” to the fact the development would “include affordable housing to meet a demonstrable housing need on an allocated housing site”.
Mr Normington made a partial costs award against MBC, concluding it had “behaved unreasonably” in reaching its decision on its first reason for refusal.
CPRE Kent was represented at the appeal, arguing that Bellway had failed to demonstrate how Church Road could be modified safely and that the impact of the proposed development on the Grade I-listed church and nearby Grade II-listed buildings was unacceptable.

Tuesday, January 12, 2021


  • A number of important documents have yet to emerge. For example, a rigorous transport plan and a finalised air-quality assessment. The latter is critical given that allocations at Teynham will feed extra traffic into AQMAs.
  • There seems to be no coherent plan for infrastructure delivery – a key component of the plan given the allocations being proposed near the already crowded Junction 7.
  • There seems to have been little or no cooperation with neighbouring boroughs or even parish councils within Swale itself.

The removal of a second consultation might have been understandable if this final version of the plan were similar to that being talked about at the beginning of the consultation process. It is, however, radically different in the following ways:

  • There has been a major shift in the balance of housing allocations, away from the west of the borough over to the east, especially around the historic town of Faversham. This is a move that raises many concerns.
  • A new large allocation, with accompanying A2 bypass, has appeared around Teynham and Lynsted, to which we are objecting.
  • Housing allocations in the AONB around Neames Forstal that were judged “unsuitable” by the council’s own officers have now appeared as part of the housing numbers.
  • Most of the housing allocations being proposed are on greenfield sites, many of them on Grade 1 agricultural land – a point to which we are strongly objecting.

Concerns about the rush to submit the plan

The haste with which the plan is being prepared is especially worrying given the concentration of housing in Faversham. If the town is to take a large amount of new housing, it is imperative that the policies concerning the area are carefully worked out to preserve, as far as possible, the unique nature of the town. The rush to submit the plan is likely to prove detrimental.

As Swale does not have a five-year land housing supply, it is open to speculative development proposals, many of which would run counter to the ideas contained in the current plan. Some are already appearing. This is a common situation, and one that, doubtless, is a reason behind Swale’s haste.

Our overriding fear, however, is that this emphasis on haste is ultimately going to prove counterproductive. This is because it is our view that the plan, in its current form, is unlikely to pass independent examination. We are urging Swale to listen to and act upon the comments being made about the plan and to return the plan to the council with appropriate modifications before submitting it to the Secretary of State.

Essentially, this means treating the current consultation not as the final one but as the ‘lost’ second consultation.

The consultation ends on Friday 30 April and we strongly urge residents to make their opinions known if they have not already done so.

Further information