A proposal to build four homes on woodland at the end of Tivoli Park Avenue in Margate has been rejected by Thanet councillors.
An application was 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.”
The recently submitted plan was to create four 4-bed homes with landscaping, access and highway improvements.
Six letters of objection to the scheme were 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 noted the site lies in an area with significant archaeological potential.
It said: “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.
The issue of a covenant was also raised previsoulsy, saying it had been gifted to the Borough of Margate in 1923 for public park and/or recreational use but councillors were told the covenant was not applicable.
The application was discussed 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.
A number of residents attended the meeting and local Donna Garfield spoke out against the development.
Although officers had recommended approval, councillors rejected the application.
A Thanet council spokesperson said: “The application was refused on a number of grounds. If permitted, the development would result in the loss of protected trees and open space, whilst creating increased pressure on the Thanet Coast and Sandwich Bay Special Protection Area (SPA), and Sandwich Bay and Hacklinge Marshes Site of Special Scientific Interest (SSSI) without adequate mitigation being in place.
“The proposed development was found to be contrary to the Thanet Local Plan, the National Planning Policy Framework and the Conservation of Habitats and Species Regulations 2017.”
