South Hams sues housing developer

They didn't stop working when told

South Hams District Council has revealed that it has issued legal proceedings against a property developer it accuses of carrying out unauthorised work.

The action follows a row over a proposed development in Kingsbridge known as ‘Lock’s Hill’ which was granted planning permission for 32 homes in December 2020.

In May the council ordered all work to stop after claims the developer, Blakesley Estates (Kingsbridge) Ltd, was supposed to have produced a scheme for the “protection of retained trees.”  

But the developer continued to carry out some work on site.  At that time South Hams District Council Leader, Cllr Judy Pearce (Salcombe and Thurlestone) said: “The temporary stop notice was issued because the developer had started work before it was allowed to do so under the planning permission.  It was also the case that the works that it had carried out were causing significant environmental damage.  Having done so, the council is very disappointed that the developer has carried on with the unauthorised works.

“As the temporary stop notice is not being complied with, the council is in the process of gathering the necessary evidence to prosecute the developer and all those not complying with the notice.  The maximum penalty on conviction is an unlimited fine. The council will be seeking an early court hearing.”

However,Blakesley Estates argued the work they had done did not constitute a start to construction and suggested the stop notice was “redundant.”  

The company said it had already made the council aware of some preliminary work it may need to carry out to fix some broken fencing.  It wants allowances to be made for work necessary to make the site safe.  

The Save Locks Hill campaign, set up by locals hoping to safeguard the site, was keen to see the construction plan they had requested before work commenced but Blakesley Estates insisted the temporary stop order had been incorrectly issued. 

The matter will now be decided in court.  In a statement released on Monday, SHDC confirmed the council “has now issued legal proceedings against Blakesley Estates (Kingsbridge) Ltd and one of its directors in relation to an alleged breach of a temporary stop notice concerning land at Garden Mill, Derby Road, Kingsbridge.

“The first hearing is due to take place in Poole Magistrates Court on 14 October 2021.”

Blakesley Estates and the Save Lock’s Hill group have both been asked for their comments on the latest developments but neither have yet responded.