A proposal to build four homes on woodland at the end of Tivoli Park Avenue in Margate will be discussed by councillors next week.
An application has been submitted by site owners Ernest Biela and David Watts who bought the plot in 2017.
The area was previously a community garden and had become overgrown. It was used by dog walkers and links Tivoli Woods and the former railway line, creating a wildlife corridor.
The land was sold by Thanet council as part of its asset disposal programme, fetching £155,000 at auction. It was marketed as offering potential for development, subject to all necessary consents.
The owners previously cleared a number of trees at the site in 2019, prompting objections from Salmestone Ward Residents Association.
At that time Mr Biela said there was a plan to “replant on site to yield produce for eateries to complement locally sourced seafood and enhance the local food scene with entirely Margate derived menus.”
However, the new plan is to create four 4-bed homes with landscaping, access and highway improvements.
Planning documents say: “Low density, high-quality housing is proposed within a landscaped setting, retaining and protecting viable mature trees.
“A new access is proposed to be created off Tivoli Park Avenue. Highway improvement works are proposed at the junction with Tivoli Road and on Tivoli Road itself which require use of a small section of the application site and that has been subject to scrutiny and support from Kent County Highways Department.”
Each home will have two parking spaces and an additional visitor parking space will be provided. New tree and hedge planting around the site is promised and nine of the TPO trees are being retained.
Part of the site is being offered to KCC for off site highway improvement works to the Tivoli Park Avenue/Tivoli Road junction, required under the Thanet Transport Strategy.
WAM design ltd Architecture + Interior design
Six letters of objection to the scheme have been lodged citing concerns including loss of trees and green space, impact on wildlife, no affordable housing and a restrictive covenant for the land for recreational use only.
A report to councillors notes that mitigation should be included for wildlife, suggesting: “native tree and shrub planting along borders and wooded embankment, nectar-rich flower planting for invertebrates, log piles for invertebrates, small mammals and birds, integrated bat and bird boxes in buildings and boxes on trees.”
Archaeology
An archaeological evaluation is also requested. The report says: “The proposed development site lies in an area with significant archaeological potential.
“Extensive archaeological remains can be seen as cropmarks in the fields to the south of Hartsdown Academy including a number of ring ditches representing Bronze Age funerary monuments.
“Excavations at the Hartsdown Football Ground revealed significant Iron Age remains (amongst others) and the camber of a roman road may cross Tivoli Park to the west of the present site. The remains of a possible Roman villa have been found to the north west on Tivoli Park Avenue.”
The Roman villa site, containing multiple frescos, was partially excavated in 1924 by Arthur Rowe – who bequeathed many historical finds to Margate.
Covenant
The covenant was also raised in 2019 by the Thanet Trees group. They said the Tivoli site was covenanted to the Borough of Margate in 1923 for public park and/or recreational use but it was not clear whether the covenant was still valid.
The report to councillors deems the covenant as not applicable, saying: “This query has been reviewed by the council’s legal team, who have confirmed that the land was not sold subject to any restrictive covenants.
“They’ve advised that the original conveyance contained a restrictive covenant restricting the use of the land as a public park garden, recreation ground or for allotments; but following investigation it was determined that the covenant was unenforceable, as the covenant appeared to be personal to the original covenantees, who had more than likely ceased to exist due the original covenant being made in 1923.
“Furthermore, disposal of the land (application site) was advertised under Section 123 of the Local Government Act 1972, and no representations or objections to the disposal were received at the time. As such, it has been considered that the statutory function under the Act released the council from its obligations to hold the land as public open space.
“It is the council’s view that the land has not been sold subject to any restrictive covenants.”
The application will be heard by planning committee members on January 17 following a call in by former ward councillor Pauline Farrance and Cllr Mike Garner, to consider the impact upon ecology, loss of trees and potential for overdevelopment.
Recommendation
However, planning officers are recommending that the decision is deferred to them for approval.
The report says: “The site is not protected open space or local green space, and the proposal retains a number of protected trees along the southern and eastern boundary of the site.
“The proposal is for a low density scheme of only four detached dwellings, of a scale and size that is likely to appear in keeping with the character and appearance of the area.
“Substantial landscaping is proposed within the site that will provide ecological enhancements and visual benefit. There are considered to be no impact upon neighbouring amenity or highway safety, and land and a financial contribution of £7,000 is being offered through the application, which will secure necessary off-site highway improvements that are sought through the Council’s Transport Strategy 2015-2031.
“Whilst the proposal will result in the loss of open space and six protected trees on the site, resulting in some environmental harm, it will provide four family dwellings for which there is a need within the district, highway improvements necessary to the council’s transport strategy, and landscape and biodiversity enhancements within the remaining site.”
The plans can be seen on Thanet council’s planning portal, reference OL/TH/22/0499
