The decision to approve it was made behind closed doors
Torbay Council has come under fire for a ‘behind closed doors’ decision to open up the plush rooftop bar of a new hotel.
Non-residents can now enjoy the spectacular rooftop restaurant and bar which featured heavily in early artist’s impressions of the Hotel Indigo at Livermead, and the council says its decision was made in line with national and local planning policies.,
People living near the new hotel – one of three in the bay built by the Singapore-based Fragrance Group – had urged the council to make the bar open for residents only.
They feared that non-residents flocking to soak up its panoramic views of Torbay would add to noise and traffic issues around the hotel.
The council’s planning committee agreed, and gave permission on the basis that the rooftop would only be available for people staying at the hotel. But now, after the owners appealed, the council has relaxed the restriction for a trial period.
The decision was taken by council officers under delegated powers and was not brought before a council committee.
The restaurant, rooftop bar, spa and gym will be open to the general public from now until January 1 2027 to assess the impact.
The owners had said the restrictions were ‘punitive’. It was reported that dozens of curious locals were turned away during the hotel’s opening weekend, and that the hotel had to have a member of staff manning the entrance to make sure only paying guests were allowed in to use the facilities.
The application for a re-think said: “The condition imposes a constraint that is disproportionate for a business operating within Torbay’s tourism economy.”
And, it said, it undermined the hotel’s potential contribution to the local economy.
Locals who fought the plans from the start, saying the impact of the ‘huge’ building on nearby residents included loss of privacy, light pollution, environmental and traffic issues, say the owners built the hotel knowing rooftop access would be restricted.
“Their assertion that these restrictions are punitive and disproportionate to a tourist business rings hollow with local residents,” said June Pierce, who represents residents from the nearby Cromartie Point apartments.
“Quoting the fabulous sea views does not go down well with those of us who bought and paid for properties with those views which have now been obliterated. It is understood that views cannot be bought, but their benefits are included in the purchase price.
“This has resulted in considerable financial losses with no compensation whatsoever.”
Restricting the roof top bar to residents only, said Mrs Pierce, protected the neighbours in the long term.
Opposition Liberal Democrat councillors say locals are feeling ‘upset and ignored’ over the decision, and have criticised the council for a lack of democracy and ‘seriously undermining’ faith in Torbay’s planning system.
Group leader Cllr Swithin Long (Barton with Watcombe) said: “Whatever the merits of the decision, the fact that it was made behind closed doors, rather than by a committee of elected councillors, is bad for Torbay’s reputation and sends out the wrong message.
“Denying the residents who live nearby a say at the public meeting is a smack in the face.”
And deputy group leader Cordelia Law (Tormohun) added: “This administration claims to put residents at the heart of everything they do, yet they are denying residents impacted by their decision the right to have their voices heard through the planning process.
“The condition was put in place for a reason and residents who have been in touch are rightly upset that their voices are being ignored. This whole thing doesn’t feel very democratic and sends a bad message to residents and developers alike.”
In a statement, Torbay Council said that as the local planning authority it had approved an application to temporarily vary one of the planning conditions, allowing non‑hotel guests to use certain hotel facilities.
The statement went on: “The application was assessed in line with national and local planning policies, and the decision was made by officers under the council’s scheme of delegation.
“The temporary variation will allow further information to be gathered so that the full impact of the change can be properly understood before any longer‑term decision is considered.”
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