Fresh plans to build new homes overlooking a special educational needs school's playground look set to be approved - despite previous proposals being quashed by a judge.

The original scheme for the 38 properties next to Laleham Gap School in Ramsgate were thrown out in the High Court in July last year.

But developer Kentish Projects Ltd resubmitted its planning application in November, despite warnings from parents that children with complex needs would lose their privacy if built.

Their other concerns include the increase in traffic on the A256 New Haine Road and the negative impact the construction noise would have on the school's 217 pupils, who have autism and speech and language difficulties.

But in a report, due to be discussed by Thanet District Council's (TDC) planning committee on Wednesday, officers have recommended the decision for the plan be deferred and then delegated for approval, subject to safeguarding conditions and a signed legal agreement.

The scheme for the 23 houses, 15 flats and parking for 59 cars was initially nodded through by a planning officer in October 2020, despite more than 30 objections from worried parents and head teacher Les Milton.

This prompted a parent, supported by the Laleham Gap Parents' Association, to push for a judicial review to challenge the decision and the way in which it was handled.

Six grounds were put forward and Deputy High Court Judge Tim Corner QC upheld them all at a hearing in July and quashed the planning permission, stating the decision to approve the plan was "unlawful".

One ground was owing to the council’s interest in the site on Stirling Way, which is owned by East Kent Opportunities, a partnership of TDC and Kent County Council.

He held that TDC was under an enhanced duty to engage with objections "thoroughly, conscientiously and fairly" and that the local authority should have taken the application to its planning committee as required.

Despite the scheme being thrown out, Kentish Projects Ltd resubmitted the planning application for the site.

In the latest documents, the developer said this time the proposals will go to committee and that it has had talks with Laleham Gap School directly over concerns, including construction noise, with mitigatory measures put in place.

Parents, however, voiced their fury over the "damaging project" and 32 objections were submitted.

Headteacher Mr Milton, in his submission to the latest plans, said if the development proceeds it will be detrimental to the community.

"The close proximity of some of the development to the post-16 provision (Phoenix Building) will negatively impact on our pupil's ability to focus and concentrate," he said.

"Construction noise and continuing impact on air quality will impact on pupil concentration and potentially impact on health.

"The houses and flats will overlook our primary play area and outdoor spaces for post 16 students. This is clearly a loss of privacy for them.

"The density of housing in this application exacerbates all of our concerns which includes a detrimental impact on air quality, noise, privacy and road safety.

"The increase to traffic will adversely affect child drop-off and collection."

A spokesman for the Laleham Gap Parents' Association says the council has wasted thousands of pounds of taxpayers' money in the High Court.

"They wasted money on a plan which is damaging for the school, the community and the taxpayer," he said.

"They're picking on what they think is a weak target. Being a small SEN school we don't have the number of parents that other schools have, but we have some very talented parents fighting against this.

"What we need is the support of the community to get behind us.

"This school is very successful and the pupils go on to have successful futures, but for this to carry on the children need a calm and settled environment to thrive."

But in their report, the council's planning team says the proposal is considered to be a good quality, sustainable form of development that accords with the Thanet Local Plan.

They added that the impact upon neighbouring occupiers is considered to be dealt with through amendments to the scheme along with safeguarding conditions that will provide appropriate mitigation.

"The application has been through a Judicial Review, and the issues of appropriate assessment, air quality, construction noise and highway safety were highlighted as areas that had not convincingly been dealt with through the officer report," they said.

"It is considered that each of these issues have now been satisfactorily dealt with through this committee report, with the conclusion being that the issues of air quality, pedestrian movement to and from the school, and construction noise to the school, have all adequately been dealt with, with no significant harm identified."

The planning committee will meet to discuss the scheme at 7pm on Wednesday.