We updated you on the news that Mr Daniel of Budleigh Salterton took EDDC to the Royal Courts of Justice on Wednesday regarding their handling of the planning application for the Longboat Cafe. Here is the press release of what took place that day:
Budleigh Longboat Association members are delighted with the result of Wednesday’s High Court hearing concerning the last Longboat planning decision. After a detailed examination the Judge ruled that there was sufficient merit in a number of our claims to grant us permission for a full judicial review. This reverses an earlier decision, based on a paper review, where EDDC had successfully argued that our claim had been lodged out of time (i.e. too late). We have always contended that there was no legal basis for such a claim. It was an argument that drew attention away from the claims we make of significant errors in process. Our contention has now been upheld. EDDC were represented at the hearing by Counsel.
That a group of individuals is prepared to hazard substantial sums, if costs are awarded against them, should be seen as a measure of the scale of the discontent felt at the way that EDDC push the boundaries of the planning process to force through decisions which to an onlooker seem to be predetermined by them. The DMC (Development Management Committee) is supposed to act, and to be seen to act, in a quasi judicial way when considering planning matters. There is no effective policing or scrutiny of this process. We are also concerned that this Natural World Heritage Site is not recognised by planners and has no effective protection. Objectors have no resort to appeal.
We are confident and hopeful that EDDC’s June 2012 approval of the Longboat plans will be quashed. We must remember that a similar, previous, application was rejected in February 2012.
We are not opposed to development. However, the current development proposal is out of scale with its setting within the World Heritage Site and does not command local support. There is now an opportunity for the applicant to work with the community to find a solution which is sympathetic to the history and natural beauty of this World Heritage Site. One that is viable, profitable and enhances both the local landscape character and quality of the public realm; and, most importantly, one which commands the local support without which local businesses cannot flourish.