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Planning Inspectorate upholds decision to refuse permission for housing projects on Hoo Peninsula, near Chattenden Woods

Controversial plans for two new housing projects close to an important bird habitat have officially been quashed – more than three years and 30,000 objections later.

Longfield-based Esquire Developments had asked for permission to build up to 21 homes on the Hoo Peninsula.

The proposed developments would have sat on land to the north of Lodge Hill Lane, Chattenden. Picture: On Architecture Ltd
The proposed developments would have sat on land to the north of Lodge Hill Lane, Chattenden. Picture: On Architecture Ltd

Two applications were submitted to Medway Council in November 2020 for multiple properties between two and five-bedrooms in size.

One proposed nine homes on grassland north of Lodge Hill Lane, Chattenden - about 1km away from the Ratcliffe Highway in Hoo.

A second application lodged plans for between eight and 12 self-build properties directly next to it.

However, both were refused by the local authority in December 2022.

Its planning committee felt they would have a “significantly detrimental impact” on neighbouring Chattenden Woods and the Lodge Hill Site of Special Scientific Interest (SSSI) - a habitat for nightingales.

A plan of how the nine proposed homes, off Lodge Hill Lane, Chattenden, would have looked. Picture: On Architecture Ltd
A plan of how the nine proposed homes, off Lodge Hill Lane, Chattenden, would have looked. Picture: On Architecture Ltd

Following their refusal, Esquire decided to appeal the decisions in November – 11 months after councillors turned them down.

Both proposals were dealt with by an inspector from the Planning Inspectorate - an independent government agency tasked with determining large planning applications and appeals.

In a statement outlining its appeal against the Lodge Hill Lane refusal, the property developers stated: “The scheme is in a suitable and sustainable location and the development represents the reuse of an underused site.

But, upon visiting the sites at Lodge Hill Lane on February 13, the decision to refuse planning permission on the two plots has now been upheld.

Lodge Hill is listed as among the best sites for nightingales in the UK and one of the last strongholds for the secretive songbird.

A protected bird species, nightingales nest close to ground level making them vulnerable to predators.

A statement by the inspector, released on Friday (March 1), said concerns raised by councillors regarding their protection was key.

A nightingale's nest nearby
A nightingale's nest nearby

It read: "The Chattenden Woods and Lodge Hill SSSI is partly designated in order to safeguard the nightingale population and the habitat upon which they are reliant.

"The presence of the appropriate habitat and a current lack of disturbance provide suitable conditions for nightingales.

"However, due to challenges in relation to access, the appellant has not carried out an up to date survey of nightingale numbers and habitats, instead relying on data from a national survey undertaken in 2012 by the British Trust for Ornithology (the 2012 data).

"Therefore, although no evidence has been provided to outline the current extent of the nightingale population in the SSSI, from the 2012 data and the suitable conditions identified, it can be reasonably assumed the nightingale population in this location is significant and in close proximity to the appeal site.

"Therefore, for the reasons given above and having had regard to all other matters raised, the proposal would conflict with the development plan taken as a whole and I conclude that the appeal should be dismissed."

Objections to the homes were also raised by the RSPB, Natural England, and Kent Wildlife Trust. Picture: On Architecture Ltd
Objections to the homes were also raised by the RSPB, Natural England, and Kent Wildlife Trust. Picture: On Architecture Ltd

Objections to the plans were also raised by the RSPB, Natural England and the Kent Wildlife Trust.

Meanwhile, more than 33,000 people signed a petition, created in November, opposing to the estates.

It was set up by all three Independent councillors for the Hoo St Werburgh and High Halstow ward, George Crozer, Michael Pearce and Ron Sands.

In a joint statement released on Sunday, the trio thanked all those who objected to the 21-home project.

"Victory for the Hoo Peninsula's Nightingales," they said.

A plan of how the homes, between eight and 12 in number, off Lodge Hill Lane, Chattenden, would have looked. Picture: On Architecture Ltd
A plan of how the homes, between eight and 12 in number, off Lodge Hill Lane, Chattenden, would have looked. Picture: On Architecture Ltd

"The proposed development would have harmed our nationally important nightingale population on the Hoo Peninsula, and set a precedent for further development that could come forward.

"Thank you to the tens of thousands of people who signed the petition.

"This outcome is incredibly important and will go a long way in ensuring other important sites such as Deangate Ridge, home to eight nightingale territories, are also protected from development.

"We will always defend our beautiful Hoo Peninsula and the wonderful wildlife which exists here."

Prior to the plans being rejected, Esquire even suggested a “no-cat policy” be created for future occupants in a bid to see the proposal given the green light.

The independent councillors for Hoo and High Halstow ward, George Crozer, Michael Pearce and Ron Sands
The independent councillors for Hoo and High Halstow ward, George Crozer, Michael Pearce and Ron Sands

It was also on the cards for the site to be secured with cat-proof fencing to reduce the risk of harm to the nightingales.

However, the RSPB deemed cat covenants as "unenforceable”.

Developers stated the scheme would have "delivered much-needed housing in an area which is not meeting its housing need and has not met its housing need in a generation”.

The Hoo Peninsula has been a hotspot for housing debate.

Following the decision to strip £170 million of funding from Medway Council as part of the government’s Housing Infrastructure Fund (HIF) in 2022, more than 10,000 homes were planned for the rural district before the decision to reverse the funding was made.

Medway has to provide a total of 28,500 homes by 2040, as part of central government housing targets amid a widespread need for young people to get on the property ladder.

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