Additional reporting by Gabriel Morris

A controversial 450-home application has been given the go-ahead.

Lack of a local plan and the likelihood of a rejection being overturned at appeal, with the authority forced to pay legal costs, were reasons councillors gave for the committee’s approval of the Gibraltar Farm development.

The site on Ham Lane, Hempstead, has long been the subject of proposals, the most recent of which was rejected in January 2021 on the grounds the connecting walk and cycleway to Lordswood would harm local bat populations.

However, more analysis has been done by the council which believes the proposed lighting needed for the route through woodland would not cause enough problems for the wildlife to prevent the development from being approved.

Planning officers explained the ecological issues were the only barrier to the previously denied application and so the planning inspectorate would question why any new grounds for refusal had not been raised before.

They said if the committee denied permission and the applicant appealed the authority would likely lose and be forced to pay legal costs for “unreasonable refusal”.

Chief planning officer Dave Harris said he did not believe the council had strong grounds to refuse, and many of the council’s advisors would not support the refusal if called upon during an appeal.

The application was passed with eight votes for and four against, though those supporting the proposals said they did so reluctantly.

Councillors discussed concerns about the loss of green space and the impact on infrastructure, particularly through the increase in traffic - issues which had also been raised in the nearly 800 letters of objection to the proposals.

A particular topic of discussion was around a “ransom strip” which is a section of land by the site of the proposals which is owned by the council but which it previously refused to sell under the previous administration.

Planning officers and councillors said a design for the Gibraltar Farm development which connected the new homes to the North Dane Way through the so-called ransom strip would be better - but this was not what was on the table.

The Medway Tories’ shadow cabinet member for regeneration, community and housing and ward councillor for Hempstead, Cllr Andrew Lawrence, said his personal view was the land should be sold to better accommodate the new traffic.

He said: “My personal position and Councillor [Jim] Gilborne's position as the ward councillors is accepting the reality these houses are going to be built, and yes, I think we should sell the ransom strip.

“God, do the Labour Party need it to bail them out of the terrible financial mess that they've created since they took control of the council.

“The reality is the North Dane Way solution is the best solution for the residents of Hempstead - it resolves a lot of the traffic issues and absolutely minimises the impact on residents.”

He added that the previous administration’s failure to create a Local Plan since the 2003 version went out of date in 2018 was partially responsible.

He continued: “We have suffered from a lack of a local plan, I can't deny it. The issue of the local plan has caused lots of issues and we have to own that.”

Chatham and Aylesford MP and Medway councillor Tristan Osborne (Lab) said he was disappointed by the application’s approval, but that the committee’s hands were tied becuase of the lack of a local plan.

He said: “I'm really disappointed. Over 700 people wrote to object and the community, I think, is very concerned about this development.

“However, my colleagues were left in a very, very difficult situation. Had [the Conservatives] delivered a local plan, Capstone Valley would be safeguarded, in my view.

“That is the reason why we're here tonight, and you heard that at the planning committee from the chairman.

“This is the outcome of a council that doesn't have an up-to-date local plan.”

Medway Council is currently consulting the public on its proposals for the local plan, with the deadline for submissions being September 8.

Find out about planning applications and other public notices in your area by visiting PublicNoticePortal.uk.

Further plans for the site, such as the layout and design of the 450 homes, will have to return for approval at a later date.