Council accidentally gave planning permission for supermarket
A COUNCIL planning blunder means a new supermarket could spring up in Tavistock – against the town's own wishes.
West Devon Borough Council is locked in a legal battle after granting planning consent by mistake, London's High Court heard yesterday.
Now the council must fork out an estimated £500,000 in compensation to formally revoke consent.
Or the authority can do nothing – despite the fact that would pave the way for a new supermarket to move in at the Tavistock Retail Park at Plymouth Road Industrial Estate.
Business Cards From Only £10.95 Delivered www.myprint-247.co.uk
View detailsOur heavyweight cards have FREE UV silk coating, FREE next day delivery & VAT included. Choose from 1000's of pre-designed templates or upload your own artwork. Orders dispatched within 24hrs.
Terms: Visit our site for more products: Business Cards, Compliment Slips, Letterheads, Leaflets, Postcards, Posters & much more. All items are free next day delivery. www.myprint-247.co.uk
Contact: 01858 468192
Valid until: Friday, May 31 2013
The council itself says a new supermarket is not needed in Tavistock, and would hit the town's retail trade.
The council is barred by law from the cheaper option of challenging it's own decision in the High Court.
But, in a bid to still have the mistake judicially reviewed by one of the country's top judges, council leader Philip Sanders launched a personal action seeking permission to bring judicial review proceedings on his own behalf.
In the action he would have asked the court to quash the planning consent at the centre of the complex row.
However, yesterday Deputy Judge David Elvin QC ruled that Cllr Sanders had left it too late in launching proceedings seven months after the decision was made.
He refused to extend time beyond the usual strict three month time limit for bringing judicial review proceedings, leaving the council having to consider whether or not to risk paying out a fortune in compensation by taking revocation action.
The court was told that in July 2011, council officers granted permission for the former Focus DIY store to be split into two units.
However, in doing this they failed to maintain restrictions that were included in the initial 2007 permission for the building, limiting it to non-food retail use.
The council accepts that its fresh decision effectively paved the way for unrestricted retail use of the units, potentially including a supermarket.
But it says that if it revoked the planning permission it could face having to pay up to £500,000 in compensation to retail park owners Marchfield Properties.
The judge, in addition to refusing permission for a court challenge, also ordered that Marchfield's legal costs run up on yesterday's hearing should be paid.
It is not known whether Cllr Sanders will have to put his hand in his own pocket to do this or whether the council will pay them.
So far no figure has been put on them, the court was told.
In his legal argument Cllr Sanders claimed that the council officers acted unlawfully in granting permission, and misinterpreted the legal position.
They were wrongly under the impression that the restriction on food retail would remain in place, he said.
He claimed that no reasonable decision-maker would have granted this permission.
However, Marchfield argued that it has incurred substantial costs in reliance on the planning permission and they would be prejudiced by the time it would take for a full hearing.
Yesterday's hearing may not be the end of the matter though.
Marchfield's lawyers said that there were already other "impediments" in the way of the units being used by supermarkets including car parking facilities which will require further fresh planning permission.
24 Comments
View all
by eley86
Tuesday, March 26 2013, 5:49PM
“If anyone is interested - I have set up a Facebook page supporting the development of a new supermarket on the Focus site.
Join if you want to support the campaign:
http://tinyurl.com/cnmw8z4”
by eley86
Wednesday, February 06 2013, 11:57AM
“I agree with Very_annoyed. The council has made a complete mess of this situation and we need to work with what we've got.
A new supermarket would ensure that local residents shop in the town - I know a lot people who leave and go to Oakhampton for Waitrose or even go to Plymouth. We need to keep these people spending money in the area.
Alongside this, the Council should encourage the high street with Business rates relief, maybe more parking initiatives and then the High Street retailers can't complain either.”
by Very_Annoyed
Thursday, January 31 2013, 9:49PM
“When people come to the out of town supermarket, then they will visit the picturesque and unique town, maybe even buy a car from Drb Car Sales, some cloths from Quinns, some Cheese from the Cheese shop or Crebbers, and maybe even a pasty or fish and chips. Shop keepers should be saying to WDBC in stead of wasting the money fighting a loosing battle and paying a willing retailer to go and make another town prosper. Give the shop keepers & local business that money by way of a business rate break so we can sell our goods for less, thus selling more and encouraging local spending by local and visiting people. These shoppers will in turn pay to park, pay a fine when they park to long, support the shops, cafes, pubs, take aways, car sales and fuel station (Texaco). Tavistock has so much to offer, let a new business attract more people, please wake up before its too late. PLEASE SUPPORT WAITROSE IN TAVISTOCK!!!!!”
by Very_Annoyed
Wednesday, January 30 2013, 8:06AM
“If you think local government won't listen, I am sure that David Cameron & Nick Clegg would be horrified to hear that our local council throwing away the tax payers money on such a stupid vendetta and preventing business from paying business rates. Please write to:- The Rt Hon David Cameron MP
Prime Minister
10 Downing Street
London
SW1A 2AA”
by Very_Annoyed
Tuesday, January 29 2013, 6:47PM
“A supermarket is needed and welcomed by many people and businesses in Tavistock, the council need the revenue and the town needs the people and employment a supermarket will bring.
PEOPLE OF WEST DEVON - Whether you agree or disagree with a supermarket coming onto the Old Focus building.
I would ask you all to do one thing!
Please ask your local councilor how they can justify wasting 100's of thousands of pounds on court cases which they know they would loose before they started as the allotted time slot had passed for appeal following granting permission for a supermarket outlet in the Focus site.
They also need to justify why the council is even thinking about paying out £500,000 Five Hundred Thousand pounds (half a Million ponds) of our council tax, if they try to block the already granted permission.
To top it all, all the lost revenue from business rates lost while all this is going on.
All the lost parking revenue when shoppers visit the town centre.
All the lost income for central government from the PAYE Tax that the unemployed people should have paid if the supermarket had opened and employed local people in stead of paying them unemployment benefits and housing benefits!!
Something is wrong in our council and it is time that we asked questions!!!!!!!!!!!!!!
Why has our money been wasted?
Who instigated the wasting of council money on a wild goose chase?
Why is there talk of wasting even more money?
Why block employment and the rejuvenation of the trading estate? Have we got the right councilors looking after OUR interests??
Are the councilors looking after OUR interests?
Please all ask your councilor, as this is costing West Devon Borough Council Millions in costs and lost revenue.
If you don't ask why, don't complain when YOUR council tax goes up and the rest of Devon stays the same?!?
The approach to Tavistock from Plymouth gives the wrong impression untidy and unwelcoming - so people will drive on.
PLEASE LOBBY YOUR COUNCILOR!! Before it's too late!!!!!”
by syncopatic
Tuesday, January 29 2013, 6:47PM
“lets get rid of the high street independent retailers then shall we?
then what are we left with? why rip the soul out of a community? supermarkets may offer food at a SLIGHTLY more reasonable price.. but those who think the introduction of a tesco or sainsburys will suddenly bolster their finances are sadly mistaken. Sainsburys, for example, is very expensive and a Waitrose even more so.
food prices are high no matter where you shop. Sometimes you don't know what you've got until its gone.”
by syncopatic
Tuesday, January 29 2013, 3:33PM
“Take away the beautiful feel Tavistock has and it will end up like any other town in the westcountry with no charm. What Tavistock has is special and should be protected. Otherwise everything will be gone and all that will be left is bookies, banks and poundshops.”
by eley85
Monday, January 28 2013, 2:46PM
“It seems to me that the Council is trying to stop economic development in Tavi. Why leave a large site empty and derelict when developers are queueing up to turn it into something useful that can provide jobs and boost the local economy.
Yes, we would all like a DIY store back, but a supermarket it just as good. It will give us more choice, and I would argue that people would still shop at Creber's for their specialist goods.
I think that new jobs and a boost to our economy is more important.”
by Buddy55
Monday, January 28 2013, 2:39PM
“Wow. Thank goodness that ridiculous arcane Council is going to have to cough up the legal fees for their game playing. I can't believe that that Council was fobbing off investors which will bring jobs and better services to Tavistock because they were afraid the butcher, baker and candlestick maker would suffer. Tavistock is a lovely place to live and the high street is beautiful place but come on, we can't hold everyone's hand. If there is a good business, it will thrive even if a new supermarket opened up. There is already two supermarkets up there for goodness sake! Opening a third will not change anything other than allowing us to shop somewhere which isn't heaving.”
by Sophie3
Monday, January 28 2013, 10:59AM
“It took a HIGH COURT JUDGE to see some common sense on this. Why can't we have another supermarket on this site? So Mr Pasty won't go under on the High Street. Sorry, but I don't like his pasties anyway. I would much prefer a Waitrose or a Tesco's there so we can get a bit of choice and better quality food in Tavistock. It is time to put this issue to bed, get with the times and just let the supermarket open. This is called progress.”