Issued: 20 August 2024

We will come down hard on developers who ignore planning regulations and cause damage in our communities. That’s the message from South Hams District Council after a successful prosecution at Gloucester Crown Court yesterday (19 August).

The Council pursued Blakesley Estates (Kingsbridge) Ltd - now known as Garden Mill Ltd - and its Director, John Freeland through the courts, when in 2021 they continued building without complying with planning permission conditions on the Garden Mill development site, known locally as Locks Hill in Kingsbridge.

Following several court hearings and unsuccessful applications by Garden Mill Ltd and Mr Freeland both pleaded guilty to breaching a temporary stop notice and an enforcement notice issued by the Council. Garden Mill Ltd have been ordered to pay a £100,000 fine and £40,000 costs to the Council. Mr Freeland has been ordered to pay £76,000 in fines and £80,000 in costs to the Council. They have been given 12 months in which to pay.

Councillor Dan Thomas, the Council’s Executive Member for Planning, said: “I am really pleased that this company and its director have been brought to justice.

“We tried to work with them, but they refused to comply. The local community has quite rightly been up in arms about what has happened at the site – we have listened to them and relentlessly taken this through the courts over the past few years. We hope this sends a message loud and clear that we will not tolerate anyone who disregards planning enforcement notices and that we will take action.”

Blakesley Estates bought the land with planning permission for 32 new homes, with a condition. This was that no site clearance, preparatory work or development would take place until a scheme was put in place to protect trees on the site and limit the impact that building work and the development would have on a neighbouring Grade-II listed building.

Despite this, work started at the site without adequate tree protection, so the Council ordered the developer to stop. However, work continued, causing even more damage to the site.

Work finally stopped, leaving the land with a number of houses partially built and the remaining land an unfinished building site.

Blakesley Estates then lodged an appeal with the Planning Inspectorate to restart the work, which was dismissed. Earlier this year, an inspector concluded that the developer had not complied with a planning condition and that planning permission had expired resulting in the land no longer benefitting from planning permission.

The Council continued to pursue the company and its director through the courts and has now won its case.

Councillor Dan Thomas said: “This issue has gone on for years and we have worked tirelessly to bring it to a conclusion. We are facing a housing crisis, and we are really keen for this eyesore to be fixed. We want the local community in Kingsbridge to get the housing development they deserve which respects the local area.”