When will Torquay's Pavillion be developed?

Councillor wants answers

Mandy Darling is asking how long the council is prepared to wait before taking action to restore the disused listed building to “a fit state”, after planning permission was scrapped in the summer following a legal challenge.

Torbay Council approved a controversial scheme in June to turn the disused Pavilion into a hotel reception and spa with restaurant, bars and functions rooms.

The scheme at Torquay Marina included a four and five-storey 60-bed hotel and an 11-storey block of 43 flats. That building, with a five-storey section, included a ground floor restaurant and shops.

But in July the council revealed it was not going to fight a legal challenge from campaigners over issues including a missing environmental plan, and the planning approval was later scrapped by the High Court.

The council says the planning application from the Nicholas James Group is still ‘live’ and waiting for the information to be submitted before it can come back to the development management committee for a new decision.

But Liberal Democrat councillor Mandy Darling, has lodged a formal question with executive lead for planning Derek Mills, asking how long the council is prepared to wait for the information from the developer before taking action to restore the Pavilion.

Mrs Darling said:  “The developer has now had four months to act since the court order on the 6th August to supply the details the court demanded.  

“I hope that my question will give a clear deadline for this information to be supplied to the planning authority or the Council will have to determine the application as it is.”

She added: “It is the worst of all worlds to have this much loved iconic building left to rot in the heart of our town.  We need clear, decisive action.”

The Pavilion, now protected because of its architecture and history, opened in 1912 and was used as a concert hall, theatre and cinema, then as a skating rink. It was restored and reopened as a shopping arcade in 1987, but that stopped trading in January 2013 and it has been unused ever since.

Mrs Darling’s questioned is due to be answered by Cllr Mills, Churston with Galmpton, who is deputy mayor, at a meeting of the full council on Wednesday, December 5.

In an earlier answer, Cllr Mills, a member of the Torbay Community Independents group, said the council was monitoring the condition of the building regularly and confirmed MDL was carrying out “routine maintenance”.

He said in September: “If no deliverable redevelopment is approved and implemented then the council has a number of remedies and actions it can take if necessary in consultation with the tenant to bring the property back up to a standard to the satisfaction of the council.”

The original planning application showed a link between the Pavilion and hotel, a new harbour walkway and 289 parking spaces – including 69 on Cary Green – 32 for the hotel and the rest seasonal.

The car park has proved one of the most controversial aspects of the scheme, as it would cover part of Cary Green, one of a series of formal gardens created on land reclaimed from the sea during the Victorian era.

The Save Cary Green and Torquay Pavilion Campaign decided to launch a legal challenge with a judicial review in the High Court.

As a result, Torbay Council revealed in July after taking legal advice it was not going to oppose the application for a judicial review of its decision.

Torbay Council blamed a “recent change in the interpretation of European law” for its decision not to oppose the legal challenge.

The legal issue centres on the redevelopment area being close to the Lyme Bay and Torbay Marine Special Area of Conservation, which is protected under European law.

It has emerged that the planning application should have included a detailed management plan on how the development would be carried out, including how to prevent dust and pollution of the sea.

But permission was granted by the council with a condition that the plan would be submitted later.

The planning approval was quashed by consent of all parties in a decision issued by the Planning Court at the High Court of Justice in August.