Torbay Council has carefully considered the facts presented by solicitors acting on behalf of the ‘Save Cary Green and Torquay Pavilion’ campaigns and, after taking legal advice, has decided not to contest an anticipated challenge to the granting of planning permission for the Torquay Pavilion redevelopment.
The Torquay Pavilion redevelopment is close to the Lyme Bay and Torbay Marine Special Area of Conservation. Special Areas of Conservation (SAC) are strictly protected sites designated under the EC Habitats Directive to conserve habitat types and species that are considered to be most in need of conservation.
The planning process in connection with the Torquay Pavilion redevelopment recognised this special status of nearby habitats by including a detailed planning condition requiring the submission and approval of a Construction Environment Management Plan (CEMP) to prevent harm to the SAC. This required that details of how the development would be carried out, particularly in terms of preventing dust and pollution to marine waters. A recent change in the interpretation of European law means that the these details should have been agreed before the decision was issued rather than being agreed later on in the development process. Therefore, Torbay Council has confirmed that if an application is submitted for a judicial review on this basis, then no defence will be raised.
This decision by the Council relates solely to the legal technicality that has been drawn to its attention and is not in any way a reflection of the overall merits of the planning application.
If the planning permission is quashed on judicial review, the planning application will be sent back to the Development Management Committee for reconsideration.
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