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A resident who complained that a controversial planning application had not been subject to the proper period of public consultation has been proved right.
A public inquiry into an appeal by the housing developer Gladman, who wants to build 75 homes on land not far from the historic St Mary's Abbey in West Malling, was originally scheduled to start in October.
But the Planning Inspectorate initially postponed the two-day informal hearing due to "the need to find a new planning inspector."
Now however, the planning inspectorate has advised objectors: "After a reconsideration of the procedure undertaken by the local planning authority in notifying third parties, the planning inspector Ann Jordan has decided to postpone the hearing until early next year, to allow for a re-consultation."
The news is a triumph for John Dean of Offham Road, West Malling, who had urged the inspectorate to postpone the hearing.
He said: "I'm pleased the planning inspector has now instructed the borough council to carry out the public consultation they should have done in the first place."
He pointed out that although Gladman had submitted an application to Tonbridge and Malling council on December 4, 2019, the borough council felt the company had not submitted enough information to allow it to assess it, and so did not put the details on its website nor produce a public notice asking for the views of the public.
After waiting the statutory eight weeks, Gladman appealed directly to the Government’s planning inspectorate for "non-determination."
Subsequently, on April 28, Tonbridge and Malling posted details of the application under the appeals section of their planning website, advising that any public comment should go directly to the planning inspector.
But the Inspectorate had already announced a deadline for public comments of May 6 - which meant the public had only eight days to respond after the details of the application were known instead of the statutory three weeks.
Gladman's proposal is for land off the A228, Ashton Way.
One of the principal concerns about the site is the potential for an adverse effect on St Mary's Abbey, an historic monument, which in parts dates back to the 12th century that lies close by. The abbey is currently home to nine nuns.
The application is outline only, with only the highway access to be confirmed. The firm is seeking a single highway connection to Station Approach, near West Malling Station.
Gladman proposes building 45 market properties and 30 affordable homes on the three-hectare site, which is currently agricultural land.
It is not within the borough's existing adopted Local Plan, but Tonbridge and Malling council has only just embarked on drawing up a new Local Plan after having had its last attempt rejected by the Planning Inspectorate.
The situation leaves Tonbridge and Malling unable to demonstrate that it has a five-year land supply, giving a presumption in favour of any sustainable housing development.
Tonbridge and Malling had intended to extend the Green Belt to include the site, which would have given it protection from development.
The site is close to Forty Acre Field, which in March was granted planning permission for 250 homes at appeal, after twice being rejected by the borough council.
The public have now been given until January 13 to submit their views.
There is no new date scheduled yet for the appeal hearing. Residents who wish to speak at the hearing should email the case officer, Neale Oliver, at east2@planninginspectorate.gov.uk.
The original planning application reference number was 19/02856.
Documents for the appeal hearing can be viewed on the Inspectorate's website, reference APP/H2265/W/20/3254563.