THURROCK planning councillors unanimously went against the advice of their officers and refused an application to build on an area of open space in Tilbury.

For decades residents in the Kipling avenue area have used a patch of grass as a community area and it is much loved. It has also been maintained by Thurrock Council. The general understanding was the land was in civic ownership, but this has proved not to be the case with the submission of a planning application to put eight homes on the site.

That application came up before councillors at the planning committee on Thursday, 14 July.

Committee chair Cllr Tom Kelly was one of the first to question ownership of the site, which has been visited by members. He said it was common belief that the site was a planned area of open space when the estate was built as 'a little green space for the residents who lived there'.   

Planning Officer Jonathan Keen said that planning permission for the estate was granted in the early eighties for the redevelopment of 307 houses and at that time, it was shown as an open area on the approved plans.

Mr Keen added: "The site at present, while it is open and grassed, has no formal designation on the core strategy as open space.

"While it is noted neighbour comments said their children and other members of families have enjoyed using the land for recreational purposes, the land is privately owned and there is no protection offered to it by policies within the core strategy.

"Officers therefore consider the proposal is acceptable in principle."

Once it was established that the land was not in council ownership, Cllr Lee Watson queried as to whether there was a planning condition that the area should be remain an open space.

Officers confirmed they had looked at the original application and did not have copies of any Section 106 agreement which required it to stay as open space.

How the site would be laid out.

Cllr Piccolo drew parallels with the unauthorised occupancy of land or property that gave people 'squatters rights' and wondered if the fact that this land had been managed by the council and used by residents meant the same principle could be applied.

He said that the planning permission had been granted 37 years ago and during this time the land  had been used by residents. He continued by mentioning in his knowledge, that public use of this piece of land in the 37 years had never been restricted, and the Council had been cutting the grass for this time. He stated he thought it would now be public land and it couldn't be developed.

The council's legal advisor Caroline Robins said clarity be sought as to the extant use of the land.

Statements were presented to the meeting by ward councillor Steve Liddiard and local resident Lauren Chives, both vehemently opposing the application.

In turn, the applicant's agents Gary Taylor put the case for the application.

Cllr Georgette Polley said the thing that struck her on visiting the site visit was how well maintained the space was. She said: "The residents obviously value the space."

Cllr Kelly stated, members would have to make a decision as to whether they had material reasons for refusal or whether they accept the application whether they liked it or not. He continued by saying he didn't like the parking situation and that there was an argument to be had, that whilst it's not public open space, it has been used as open space by the residents.

Cllr Watson remarked she visited the site one evening, it was packed down both sides of that road with parked cars. She continued by saying she was really worried about the hours of construction, not to mention the noise itself going on there without the size of the HGV's going through small roads.

The planning committee.

Cllr Piccolo reiterated his belief the space was central in this estate. He felt the intention was always that the land was to be green space for the estate, and regardless of what had happened, he thought it was made very clear that it should be maintained as green space for residents.

Cllr Paul Arnold remarked he couldn't think of a reason to support the application. He stated: "It is  a lovely piece of land, which is very well cared for and clearly had good use by residents."

When it came to a vote to support the officer recommendation for approval, no-one would support it.

Assistant director of planning, transport and public protection Leigh Nicholson advised the council's constitution was clear that an alternative recommendation would need to be put forward, which met with council policies.

Cllr Piccolo suggested a recommendation of refusal as members had seen evidence to show that the green space was utilised extensively by local residents. Looking back over the years whilst the council might have maintained the fence and have cut the grass, the local residents had made sure that the open space had been occupied and used for the benefit of the local area.

He continued by stating other reason he thought needed to be looked into, was the fact that the space had never been built on and had always been used by the local residents, who obviously appreciate it.

Mr Nicholson summed up members views and confirmed there was enough reasoning for a refusal and sought the opinion of Ms Robins who agreed. Mr Nicholson informed members that the precise wording of the decision notice would be drafted by officers and approved by the chair prior to issue. That notice has subequently been issued and can be read via this link.

Cllr Piccolo proposed a recommendation to refuse the application and was seconded by Cllr Watson and it was unanimously agreed.

After the meeting one of the area's ward councillors, independent Cllr John Allen was full of praise for his fellow councillors and residents, saying: "An absolutely fantastic result tonight for one of Tilbury's green spaces. It's been an open green and recreational space for some 37 years and has subsequently been maintained by both Thurrock Council and local residents.

"I would like to thank all committee members and ward Cllr Steve Liddiard - and local resident Lauren for speaking this evening to fight to maintain and hold on to this much loved and well-used used green space."