Controversial Torquay Pavilion scheme quashed
R (Law) v Torbay Council
Controversial planning and listed building permission for an 11-storey hotel and 5/6 storey apartment block in Torbay harbour quashed by consent following failure by the Council to comply with the Habitats Directive.
Richard Buxton Solicitors were instructed by Cordelia Law following the community concerns about a significant development involving loss of community green space and conversion of the Grade II listed pavilion into a hotel lobby and spa.
Following the drafting of a Pre-Action Protocol letter, the Council consented to judgment, on the basis that the Council’s decision was in breach of the article 6(3) of the Habitats Directive and the 2017 Habitats Regulations following the CJEU judgments in Case C-323/17 People over Wind and Case C-164/17 Grace & Sweetman. The Council paid the Claimant’s cost.
- Consent Order
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Senior Solicitor
Commentary
The quashing of the planning and listed building consents is the first known example following the CJEU judgments. Following the consent order, the community has developed plans that would sensitivity use the heritage asset Pavilion and ensure its long-term maintenance without the loss of the community green space.