Hopes of saving a derelict pub under a new piece of legislation have been dashed.

Sixteen months after it closed, a planning application has been submitted to Swale council to change the use of the upper floors of the Kemsley Arms and build a rear extension for eight flats.

It also includes a change of use of the ground floor so it can become 346sq m of flexible retail use and seeks approval for eight two-bedroom and three, three-bedroom homes to be built on the car park along with 18 parking spaces.

Kemsley Community Centre Trust’s application for the former pub to be listed as an “asset of community value” was approved by Swale council last November under The Community Right to Bid scheme.

The Ridham Avenue property was added to a list kept by the local authority which meant, should the owner decide to sell, they must inform Swale council.

The information would then be passed to the trust so it could decide if it wanted to be considered as a potential buyer.

While it does not give it the right of first refusal to buy, it does give members six months to develop a proposal and raise the funding to submit a bid.

But because the development is to be carried out by the owners, Chris and Sons Ltd, there is no opportunity to purchase the landmark, built in the 1920s.

Trust secretary Mike Dendor said: “It’s been a mixed reaction about losing the pub. Some have fond memories while others have bad memories because of the fights around it.”

Ward councillor Mike Whiting said: “It’s the end of an era for those who remember it as the centre of the community, but I welcome the additional retail space that’s being proposed.”