Abbotskerswell tries to block new housing

School, health centre and shopping centre too

Abbotskerswell Parish Council has "one last chance" to block a proposed 1,210 homes housing development after voting to appeal a High Court judgment to the Court of Appeal.

A High Court hearing in February ruled that the secretary of state was entitled to grant outline planning permission for the Wolborough Barton development at Newton Abbot without having comprehensive information on biodiversity and climate change.

As well as the homes, PCL Planning’s scheme, submitted on behalf of the Rew family, includes a new primary school, employment land, community facilities such as a day nursery and a health centre, a shopping centre, play area, allotments and a multi-use games area, as well as a link road connecting the A380 and A381.

Full planning permission to convert the Wolborough Barton farmstead into a boutique hotel, restaurant and bar, was granted by the secretary of state at an appeal in June 2020.

But Abbotskerswell Parish Council believes that Mrs Justice Lang’s verdict contains errors in law and if left unchallenged this decision could set a precedent enabling developers an easier route through the planning system. At a full council meeting last week, they voted to seek permission to challenge the decision.

If the judge turns down the application to appeal, the parish council can go no further, but if they agree that the council has a case, it will allow them to take it to the Court of Appeal.

Cllr Wendy Grierson, chairman of Abbotskerswell Parish Council, said: “The parish council were disappointed in the recent High Court judgment in relation to Wolborough Barton. However, guided by our legal team, we have been reviewing this. It is our opinion that the judge’s verdict contains errors in law and if left unchallenged this decision could set precedent enabling developers an even easier route through the planning system avoiding the need for important impact assessment.

“Thus, the NA3 Wolborough proposed housing development has huge ramifications for our local area but there is also this bigger aspect of environmental and planning law.”

The parish council was hit with costs of up to £10,000 as a result of High Court ruling, and had to call in the pledges that residents had made to cover the costs in the event of them losing the case.

The council now aims to raise £5,500 to fund the application stage and then if they are able to take it to the Appeal Court, they will go further with  fundraising efforts, said Cllr Grierson.

She added: “We have been overwhelmed with the pledges and generosity of local people and the support that has been given to date. We hope we have your continued support. Because of the wider implications of the case, we have put together a CrowdJustice funding page which will go live today.

“Thank you for all the pledges that have been made to this point. We would not have been able to continue the fight without your financial help and continued support. Some people have commented that they would contribute more if we were able to take this one last step, so thank you to you all.

“This is our one last chance to try and get it right to get the right decision and that’s what the lawyers are going at. This is one last chance and then there is nothing left.”

At the meeting, Cllr Liz Clowes, added: “My initial thought was we had a good bash at this, we had a lot of support from the community, but that we should let it go now as gone as far as we can with this. But then the lawyers explained that the judge made a real mess of the decision making in terms of the legislation around environment issues should be dealt with at the early opportunity.

“The judge is trying to create new law by virtue of case law of Abbotskerswell. We can only appeal on the basis on a legal faux pas and there have been no instances where anyone has asked us not to appeal.”

But at the meeting, resident Richard Lane questioned whether one more appeal that they are "getting nowhere with’" was the best use of parishioners' money. He said: “This has been going on for years and looks like it is going nowhere and a waste of time and money, so what are the grounds for appeal and we will waste money time and money? We have fought a gallant fight but we are getting nowhere with it.

“I would love the rotten houses not to be built but I don’t think we will stop them, and I just feel that we have got to the stage where appeals will be a waste of time."

The parish council voted to seek permission to appeal to the Court of Appeal against the judgement.