Swale’s head of planning has blocked a unanimous decision to deny a controversial housing development retrospective permission.

At a meeting on Thursday, councillors rejected changes made to the original 2010 specifications for 27 homes and eight flats being built to the rear of Seager Road, Sheerness, by McCullochs on behalf of landowner Moat Homes.

They include the heightsof the eaves of the homes and the flats being respectively 1.6m and 1.7m too high, integral garages being made narrower and a public footpath between the site and Beckley Road being altered.

Cllr Mark Ellen (Lab) told the meeting: “I think the developer and Moat are taking the mickey here. Taking the mickey out of the residents – not listening to them, going ahead with their own agenda.”

Cllr June Garrad (Ukip) said: “On behalf of the people of Sheppey, I would like to say it is about time the planning authority of Swale, this committee, stand up for the people it is supposed to represent.”

Head of planning James Freeman called-in the ruling, a power he has under the council’s constitution, after the vote.

A further report will be prepared for the committee which will be presented in private and not available for viewing by the public or the developer.

The application will not be back on the agenda until May 21, after the elections.

The committee is certain not to have the same members as it does now with at least one councillor, Mick Constable (Lab), opting not to stand for re-election.

He said he has now been deprived of his objection and is angry that new members could make the decision without all of the background information.

Susan Holmes, of nearby Barnsley Close, who raised concerns over the height of the buildings with the planning department as early as July, labelled the decision to call-in the application “absolutely appalling”.

She said: “I thought we lived in a democracy. Planning committees are set up to ensure this from a planning point of view. How then can a planning department overrule them?”

Councillors will now be asked to consider the likelihood of a refusal being successfully appealed and the potential costs Swale could incur as a result.

Mr Freeman said: “Towards the end of the planning committee meeting, I took the view that the scale of development and the issues appertaining to the Seager Road case deserved proper consideration by the committee and therefore used the ‘call-in’ power which is available to senior planning officers.”

The application, which was recommended for approval by planning officers, was deferred at a meeting on April 2 so councillors could hear the views of residents at the site on April 15.

A spokesman for Moat Homes said it was hopeful of approval as the development would be 100% affordable housing which is badly needed in the area.

The council’s constitution states:
“That in cases where the committee is minded to make a decision that would be contrary to officer recommendation and contrary to policy and/or guidance, the chairman should invite the head of planning to consider if the application should be deferred to the next meeting of the committee or if there should be a short adjournment for officers to consider the views of the planning committee and give further advice.

“If the application is deferred, at the next meeting, the head of planning should advise members of the prospects of such a decision if challenged on appeal and if it becomes the subject of an application for costs.”