This press release was issued yesterday, after the announcement of the Judicial Review decision:
High Court Budleigh Salterton Longboat court case fails
CO/9096/2012 The Queen on the application of David Daniel v East Devon District Council
The Budleigh Longboat Association and its many friends are surprised and disappointed that in a written judgement issued today, Judge Birtles, did not find sufficient merit in its claim to quash the Longboat planning consent of 2012. Judges do have considerable discretion and the case has to be exceptionally strong to succeed. Although all who supported the appeal are disappointed, the decision is accepted.
The challenge was made because this was a controversial planning decision to build a two-storey contemporary café on an important site on the Jurassic Coast World Heritage Site. Importantly, it was the first planning application in what is supposed to be one of the most highly protected sites of outstanding natural beauty in England. The plan, which also involved the demolition of the last known example of an Admiralty Longboat House, attracted widespread local opposition. In a poll conducted by the Town Council, three out of four voted to keep the historic building and even more were opposed to a two-storey development. No less than 36 per cent of residents voted, compared to 33 per cent in local elections.
This development was also opposed by the World Heritage Coast Management Team and Natural England who raised further objections relating to the vulnerability of such a large structure on the beach to storm surges.
We believe it was important and responsible to make this challenge as two other similar applications had been rejected by the planning committee, one a few months before and another quite recently. We felt that members of the planning committee had been misled by the Planning Officers’ report.
When considering planning matters, the East Devon District Council (EDDC) is supposed to act, and to be seen to act, in a quasi-judicial and fair way. By pursuing this action we have made the point that the EDDC faces the real risk of legal challenge from objectors whenever they attempt to push procedural boundaries to support their recommendation. There are already signs that, as a result, EDDC is now paying more attention to the correctness of their procedure. For example, they are bringing important consultee comments, from groups such as Natural England, to the committee however late in the process they arrive, rather than ignoring them; and they are making full audio recordings of proceedings so that there can be no doubt about what was said.
So far the Longboat applicant has refused to work with the community to find a solution which is sympathetic to the history of the existing building and natural beauty of this World Heritage Site. We recognise that to remain economic the Longboat House needs refurbishment and remodelling. It is still not too late to find a solution that enhances rather than dominates the heritage landscape; most importantly, the solution should be one which commands local support without which local businesses cannot flourish.
The legal challenge was issued in the name of David Daniel and he would like to thank all those in the Budleigh Longboat Association who have supported him over the past six years. All concerned greatly appreciate the specialist professional support received in recent months from the newly- formed East Devon Alliance and from local councillors.
David Daniel
More comment and background to this important test case, defining how far a WHS site is protected from commercialism, was posted on SIN yesterday . Click here for link https://sidmouthindependentnews.wordpress.com/2013/12/20/r-i-p-longboat-cafe/
Sidmouth Independent News 
Thank goodness this attempt to block redevelopment of the Longboat cafe failed. The “Antis” have consistently overstated their case and the alleged importance of this building. Roll on the bulldozer!
Some misunderstanding in what John says. It’s not simply a matter of local people attempting ‘to block redevelopment of the Longboat cafe’. The building happens to be on a fragile World Heritage Site …which needs protection from the bulldozer brigade!
It is simply nonsense to claim that redevelopment of the Longboat will harm “a fragile World Heritage Site. On what do you base this scaremongering assertion?
SIN doesn’t do scaremongering, John.
My ‘assertion’ is shared by many, for the reasons clearly explained in this extract from the SIN post (above) which you are commenting on: ‘ Importantly, it was the first planning application in what is supposed to be one of the most highly protected sites of outstanding natural beauty in England. The plan, which also involved the demolition of the last known example of an Admiralty Longboat House, attracted widespread local opposition. In a poll conducted by the Town Council, three out of four voted to keep the historic building and even more were opposed to a two-storey development. No less than 36 per cent of residents voted, compared to 33 per cent in local elections.
This development was also opposed by the World Heritage Coast Management Team and Natural England who raised further objections relating to the vulnerability of such a large structure on the beach to storm surges.’
Further information that might be helpful to you, is at this link: https://sidmouthindependentnews.wordpress.com/2013/07/16/world-heritage-site-at-budleigh-to-remain-unspoilt/
Dear Sid
I did read the reports and also noted that English Heritage declined a listing for what has been erroneously claimed to be “…the last known example etc…”.
Far from being highly valued by Budleigh residents, it was not mentioned in the Town Plan and no reference is made to it in the mural at the rear of the neighbouring shelter.
The poll to which you refer was an unscientific and unrepresentative farce, with some local residents totally excluded and no attempt to gauge the opinion of visitors who form the overwhelming clientele and the younger generation on whom Budleigh will rely in future.
Of course there was well-orchestrated opposition – from many of the “usual suspects” who would prefer Budleigh to be pickled in aspic and to hell with its long term prospects.
A well-established and properly run modern facility will attract more visitors by enhancing their experience of the gateway to the World Heritage Site and similarly those who come to Budleigh’s increasingly popular festivals.