A victory for local democracy as minister quashes planning permission for controversial Whiddon Down development

sharon goble
Authored by sharon goble
Posted: Tuesday, February 25, 2020 - 10:25

Opponents are jubilant at winning an important battle to stall the development of a retail outlet and cafe in open countryside next to the A30 at Whiddon Down. The Secretary of State for Communities, Housing and Local Government has decided to quash the granting of planning permission for the site, fuelling calls for a Public Inquiry.

On appeal, London developer Jack Mann was granted permission for a retail and catering development with parking for 50 cars on agricultural land north of the A30 at Whiddon Down. Countryside campaigners CPRE Devon, local residents and West Devon Borough Council joined forces to challenge the Planning Inspector’s decision.

They had three grounds for requesting a Judicial Review, including their claim that the Inspector did not give interested parties the opportunity to comment on influential documents used in her decision-making. Following careful consideration, the Secretary of State conceded that the Inspector had made a procedural blunder by failing to give opponents an opportunity to comment on a retail impact assessment.

A government lawyer wrote to the ‘interested parties’ to inform them that the Secretary of State has asked for a Court Order to quash the grant of planning permission. The judgment means that the whole process goes back to the Planning Inspectorate to start afresh.

Local resident Catherine Gillard, who helped spearhead the community campaign, says, “The Secretary of State’s decision means we have won this round of the battle. The appeal now goes back to the beginning, giving us the opportunity to put forward our views on every piece of evidence put forward by the applicant. We want a proper public inquiry to thoroughly investigate the retail impact and harm this scheme could cause to nearby businesses such as existing farm and community shops, pubs and eateries.”

Penny Mills, Director of the Devon Campaign to Protect Rural England (CPRE Devon) added, “This is not a case of nimbyism. The principle that we and others object to is that this development would be in an area designated as open countryside in the recent Local Plan. We are concerned that if it is allowed to go ahead this would open the floodgates to other developments on green fields which the local authorities have agreed should only take place in exceptional circumstances.”

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