Moat Homes has lodged an appeal against pulling down its estate of brand new homes in Seager Road, Sheerness.

The 27 houses and eight flats have stood empty since Swale councillors unanimously voted to have them demolished in April because some were too high and breached the original planning permission given in 2010.

Developers had asked for retrospective permission after residents complained the homes were 1.7m higher than allowed and 1.5m nearer to neighbouring properties, The layout of garages and rooms was also different.

The council’s planning officers initially recommended approval. But councillors were adamant the breaches were too serious to be allowed.

Moat Homes warned that reducing the height could cost at least one bedroom per house and suggested it could make the site – which includes 35 affordable homes – uneconomic to develop.

Dean Woolf, of Moat Homes, confirmed this week: “An enforcement notice for the demolition of homes at Seager Road was served to us by the local authority which we are appealing against.

“We are waiting for the appeal to be registered which we hope will happen in the next few weeks. It’s then up to the local authority to make a decision based on that appeal.”

He said it could take “several months”.

A Swale council spokesman said: “We are awaiting to hear officially from the Planning Inspectorate.”

Seager Road resident Wayne Featherstone, 54, said: “It is now a waiting game. We have heard the process normally takes 14 weeks but there is a 10-week delay at the Planning Inspectorate so we are looking at up to 24 weeks.”

He added: “We have never objected to affordable housing. This is all about developers following plans. If they had done that at the start, there would have been people in those homes by now.

“I still don’t understand why council planners didn’t stop the construction earlier. When I had a loft conversion I had a visit at each stage to check everything was correct.”

Fellow campaigner Susan Holmes, of Barnsley Close, said: “We are hoping the planning inspector will find in our favour. Moat Homes breached planning permission on 10 different points. No one disputes the need for affordable housing but you don’t do it by breaking all the rules.

“Moat Housing knows the rules but chose to ignore them. We are hearted that councillors unanimously rejected the plans not just once but twice.”

The council ortder demands the homes be demolished and the ground, which now has large concrete slabs of floating foundations, be returned to its original condition.

Moat Homes previously said: “We will continue to work with Swale council, McCulloch Homes and the local community to ensure that much-needed affordable homes are delivered for the area.”