New legal wrangle over 1,200 Newton Abbot homes scheme

Council officers have confirmed they are seeking ‘urgent clarification’ over whether a developer has breached planning controls by restarting work on a controversial homes scheme at Newton Abbot.
Vistry Homes has returned to the site of 1,200 homes at Wolborough Barton after having been stopped in its tracks by Teignbridge Council earlier this year.
The council said at the time there was a potential breach of planning controls over how the huge housing site drains its water into the Wolborough Fen, an official Site of Special Scientific Interest.

Work stopped over the summer, but has now begun again. Vistry says it is not coming within 200 metres of the fen, but objectors fear for its rare wildlife.
Now Teignbridge Council has confirmed that it is seeking ‘urgent clarification’ before deciding what to do next.
In a statement it said it had received initial independent legal advice but wanted further clarification on whether restarting the work breaches planning control.
A spokesperson said: “We are aware that work has now started outside of the hydrological catchment, and the developer has been advised that any work conducted before full legal advice is received is entirely at their own risk.
“If considered necessary and reasonable, the council will consider taking appropriate enforcement action following receipt of the further legal clarification.”
Campaigners fighting to save the fen have raised more than £6,000 towards their legal battle. More than 140 supporters have chipped in for the ‘Preserve the integrity of the Wolborough Fen SSSI’ online crowdfunder.
One signed her donation with: “For the wildlife who have no voice! We must keep fighting on against greed and destruction of our precious green spaces.”
The fen is home to a number of rare species of plants, and was named by a national newspaper as one of the country’s most prominent countryside ‘gems’ at risk from development.
Newton Abbot’s Liberal Democrat MP Martin Wrigley said in a BBC interview that a required survey still had not been completed, and more clarity was needed before work could proceed.
Vistry says it has ‘carefully resumed limited works’ at Wolborough Barton, all of which had been approved. All its work, it says, is at least 200m from the fen.
The work is being carried out outside the area affected by the earlier temporary stop notice, it says, and updated technical information has been submitted to support the discharge of some planning conditions relating to the fen. Natural England has not objected, but the Devon Wildlife Trust has raised concerns.
Vistry has lodged an application with Teignbridge Council to waive one of the conditions of the outline planning permission it was given for the 1,200 homes. ‘Condition 20’ says no development can take place unless measures are agreed with the council and the government’s environment watchdog Natural England to ensure that the development does not have an adverse impact on the integrity of the fen.
Vistry now wants to discharge that condition, saying that its strategy for dealing with the fen will protect it well enough.
A spokesperson said: “We continue to engage constructively with the council to support their review and remain fully committed to progressing the site responsibly, with sensitivity to the local environment and in line with all planning requirements.”
Mr Wrigley said the NA3 development had always been controversial.
“It is in a really sensitive spot,” he said. “There is a condition to the planning permission which means they have to look at the way water permeates towards Wolborough Fen.
“They have not done a deep enough survey to prove where that water is going. Their survey was deficient, which is why the work was stopped.
“And they still haven’t done the survey.”
Teignbridge Council says Vistry sought legal advice and informed the council of its intention to restart some infrastructure work in areas outside the fen’s hydrological catchment area.
The developer says this is necessary due to seasonal weather pressures, the need to keep the project moving, and to protect housing delivery and funding commitments.