It is no secret that the Torquay Pavillion, located on Torquay’s Harbourside, has been the source of some debate for sometime.
Campaigns both for and against the development of this historic building have been ongoing for the better part of 2/3 years.
Torbay Council, in a recent development has decided to not contest an anticipated challenge to the granting of planning permission for the Torquay Pavillion Redevelopment.
Save Cary Green Campaign
Facts were presented to Torbay Council by solicitors acting on behalf of the ‘Save Cary Green and Torquay Pavilion campaigns.
The Torquay Pavillion redevelopment is close to the Lyme Bay and Torbay Marine Special Area of Conservation.
Special Areas of Conservation (SAC) are strictly protected sites under the EC Habitats Directive.
The purpose of the directive is to conserve habitat types and species that are considered to be most in need of conservation.
What does this mean for the development?
In essence it means that the planning process in connection with the Torquay Pavilion redevelopment recognises this status of nearby habitats.
This is done via including a detailed planning condition requiring the submission and approval of a Construction Environment Management Plan (CEMP) to prevent harm to SAC.
This was required to show how the development would be carried out, particularly in terms of the prevention of dust and pollution to marine waters.
Due to a recent change in the interpretation of a European law, these details should have been agreed before the decision was issued rather than being agreed later.
In the event that an application is submitted for judicial review on this basis, Torbay Council has stipulated that no defence will be raised.
This decision by Torbayy Council relates solely to this legal technicality that has been drawn to its attention.
It is not in any way a reflection of he overall merits of the planning application.
What next for the Torquay Pavilion?
If the planning permission is quashed on the judicial review, the planning application will be sent back to the Development Management Committee for reconsideration.