Appeals on Over 200 homes Rejected

Huw Oxburgh
Authored by Huw Oxburgh
Posted Tuesday, April 8, 2014 - 11:42am

A Government planning inspector has rejected appeals by developers on controversial proposals to build over 200 new homes in the village of Feniton.

The combined appeals, heard at the Feniton ‘Super Inquiry’ in January, saw three developers challenge decisions on a total of four proposals previously refused by East Devon District Council (EDDC).

As a result of the public inquiry three of the four appeals were rejected by Inspector Jessica Graham who ruled that plans, by Wainhomes and Strategic Land Partnerships, would cause significant harm to the landscape and setting of Feniton.

However, the inspector did uphold an appeal by Feniton Parks Ltd. to build 32 houses north of Acland Park.

The rulings have been welcomed by EDDC deputy leader Andrew Moulding, he said: “This appeal decision totally vindicates our decision to defend Feniton against wholesale development. It also puts the lie to the contention by some scaremongers that East Devon is open to a planning free-for-all.

“I want to thank my planning officers and our legal team for the hard work they put in on this ‘super appeal’ and I note the Inspector’s approval of our decision to move the venue to a larger building.

“I also want to give credit where it’s due to Feniton Parish Council and to the residents who showed resilience and determination in fighting for their village. This victory is an example of what can be achieved when we are all pulling in the same direction”.

Feniton Parish Council took a full part in the appeal process and with considerable funds donated by residents of the village were able to have full legal representation.

The proposals proved to be unpopular with residents of Feniton who formed the Fight for Feniton action group who campaigned passionately to make their views heard.

Their work was made even more challenging however as the village was stricken with floods, caused by the severe winter weather, just the appeals process got underway.

Feniton’s ward member on EDDC, Councillor Susie Bond, worked alongside residents throughout the appeals process.

Speaking on Monday (7 April), after the result was announced, she said: “This is an extremely good day for Feniton. I’d like to thank everyone in the village who helped fund our legal representative and who ensured that there was strong attendance at the hearings – especially the special evening session at the primary school.

“We’ve shown what can be achieved by working together and Feniton will be a better place for the decision announced today”.

Writing yesterday afternoon she added: “It just goes to show what Feniton residents can do when they all get together in a common cause.

“There was almost universal anger in the village at the way Feniton was being bullied by developers who flooded the village with planning application after planning application in an effort to change the character of the village entirely.

“The message has gone out loud and clear … Hands off Feniton!”

The efforts of residents of Fention, Feniton Parish Council and Cllr Bond have been also praised by Independent Devon County Councillor Claire Wright.

She Writes: “Well done to all those of you who repeatedly objected, even when you felt it was hopeless, well done to all those of you who spoke at the planning inquiry and at EDDC planning committee meetings.

“Most of all well done to Cllr Susie Bond, EDDC councillor for Feniton, John Withrington and Jayne Blackmore from Fight for Feniton for a monumental amount of sterling work over the years that these applications have been submitted, debated, dismissed, resubmitted and gone to appeal.”

“Also, a huge well done to Feniton Parish Council, particularly Martyn Smith and Nick Spence, who made the brave decision to undertake an eye-watering amount of work by applying for Rule 6 status at the planning inquiry, which meant that they could take a full part in the sessions, led by their planning consultant, Charlie Hopkins, whose fees were paid for by community fundraising, with some help from my locality budget and parish council precept.”

She added: “Absolutely brilliant news for the community after years of battling against floods and large-scale planning applications.  Let’s hope this stops the developers in their tracks.”

Planning Inspector Jessica Graham also concluded that although Feniton was a reasonably sustainable location due to its railway station, the lack of amenities and frequent bus transport at Feniton would impact road traffic.

However she said that these increases alone would not be sufficient to reject planning permission as the impact would not be “severe” according to national guidance.

She also rejected developer’s claims for legal costs on three of the four appeals, with legal fees only  to be paid to Feniton Park Ltd.

As part of their developer’s section 106 undertakings Fention Parks Ltd must pay £85,000 towards flood relief in the village. 

The inquiry ran from the 7th to the 18th January, with the results revealed yesterday evening.

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