A Devon council pledges to get tough on rogue developers
South Hams councillor David Hancock (Lib Dem, South Brent) said: “We will not hesitate to take action when planning regulations are ignored”
A Devon council has pledged to get tough on developers who overstep the mark on local building sites.
Speaking after legal rulings in which fines and costs of more than £300,000 were imposed, South Hams councillor David Hancock (Lib Dem, South Brent) said: “We will not hesitate to take action when planning regulations are ignored.”
The owner of land at Kernborough sewage treatment works near Chivelstone has been found guilty and fined for failing to comply with an enforcement notice, and in a separate case the Court of Appeal has thrown out a challenge against sentences passed relating to the long-running Locks Hill development in Kingsbridge.
At Kernborough, despite repeated advice that the land could not be used for residential caravans, the owner ignored the advice and moved on to the site. South Hams Council received numerous complaints, including concerns about noise.
The occupants were given time to find alternative accommodation, but when they failed to leave, an enforcement notice was served. The owner did not comply with the enforcement notice and was found guilty by Plymouth magistrates last month, being handed fines and costs totalling £11,345.
Meanwhile, the council has achieved another significant win in its long-running battle over the Garden Mill development site in Kingsbridge, known locally as Locks Hill.
Work began on the site in early 2021, but a stop notice was issued in May that year amid concerns over tree protection. When work continued on the site there were reports of landslides, dust and a collapsed wall.
In August 2024, Garden Mill Ltd and its director John Freeland were found guilty in the Crown Court of breaching an enforcement notice and a temporary ‘stop notice’ after building work continued on the site in breach of planning conditions.
The conditions were designed to protect trees and a neighbouring Grade Two listed building. The company and its director were ordered to pay fines and costs.
Earlier this year Garden Mill Ltd and Mr Freeland challenged their convictions in the Court of Appeal, but last month both appeals were dismissed, meaning the original fines and costs totalling £296,000 remain in place.
Cllr Hancock, the council’s executive member for planning, said the successful prosecutions showed that the authority would not hesitate to take action when planning regulations were ignored.
“They are there for a reason,” he said. “To protect our communities and our environment.
“We always try to work with landowners and developers to help them do the right thing and most do work with us. People thinking that the rules don’t apply to them undermine our communities, but when they choose not to comply and ignore the rules, we will not hesitate to use our enforcement powers and pursue through the courts if necessary, no matter how long this takes.”
He said that in both recent cases the council had tried repeatedly to engage with those involved before taking action.
“We recognise the strength of feeling and frustration they have generated locally, and whilst these judgements are positive, they cannot reverse the damage already done, particularly at Locks Hill,” he added.
“The community is left with a half-finished building site amid a housing crisis, a situation that has been irresolvable whilst this fruitless appeal has been ongoing. We are committed to working with the owners of the site to create a positive outcome that aligns with our ambitions and planning policy.”