LEGAL moves that could prevent a new supermarket being set up on the site of Tavistock's former Focus DIY store are to be pursued by West Devon Borough Council.

The decision, made by councillors at a behind-closed-doors meeting last week, could lead to the High Court overturning the council's own planning approval made last July for two units on the former Focus site at the Tavistock Retail Park on Plymouth Road.

That planning permission did not include conditions from the original Focus approval and meant the way was still open for a supermarket application to be lodged — something businesses on the retail park say would revitalise the area.

They had called on borough councillors to support any proposal for a supermarket on the site and say applying to the High Court for a judicial review would be 'a very risky strategy to follow, with horrendous financial consequences' should the case be lost.

Martin Hawkins, of Tavistock Picture Framing Gallery, one of the businesses on the retail park, said he was 'devastated' by the latest decision.

A letter to councillors before the meeting, signed by his and ten other businesses on the park, had urged them not to seek a judicial review. The businesses said if a supermarket moved onto the site it would open up opportunities elsewhere on the park.

They wrote: 'We know that a smallish DIY store is in negotiations to locate to the higher part of the estate but it's conditional on a speedy resolution to this matter.

'We believe that the estate has the following growth potential: currently there are 74 employed on the estate. A supermarket would employ 85, other new businesses 40 and the existing businesses could potentially grow 25 jobs. So a total of 150 additional jobs making a total of 224.'

They concluded by urging councillors: 'Please let's work together, for the benefit of Tavistock, its shoppers, and job seekers.'

But councillors last week voted to pursue High Court action to 'challenge and quash' the planning permission the borough granted last year. The move, if successful, would restore conditions that would block the way for a supermarket on the site.

The council vote was 15 in favour and 11 against with one abstention. Three members were absent. It is understood the vote was mainly along political lines with Conservative councillors backing the proposal to take the legal route.

A statement issued later by the council said the matter was discussed without the public because of 'confidential legal issues'. It said the decision to take High Court action was to 'protect its strategy in relation to the Focus site'.

The council says that while retail use is approved for the site, it relates to hardware and not to food use, a distinction that is in line with its core strategy as approved by government last year.

Councillors agreed to support Conservative Cllr Philip Sanders to bring the High Court action and to indemnify him and a monitoring officer from its legal team for all costs, expenses and claims on their behalf.

Cllr Sanders said later that he volunteered for the legal move to be lodged in his name. He said the initial High Court move would be 'relatively cheap and simple'.

'We have to make application to the High Court for a judge's ruling on whether or not we can apply for a judicial review because we are outside the three-month period,' he said.

But Liberal Democrat Cllr Alison Clish-Green, whose ward includes the retail park, voted against the move. She said the park and stores nearby were all part of the 'retail scene' of Tavistock — a precedent set when Safeway (now Morrisons) was given the go-ahead in the 1990s.

Cllr Clish-Green said: 'Given that a challenge should be within three months, and it is now over ten months since the approval, I doubt the High Court will grant a judicial review.

'I think it's a potential waste of the council tax payers' money which could be used for more deserving things.'

Cllr Clish-Green said she would like to see the site occupied — perhaps half by a small supermarket and the other half by a DIY store — rather than 'left derelict'.

'That site is the first thing you see when you enter Tavistock and it's not very attractive at the moment,' she added.

Tavistock Chamber of Commerce is opposed to a supermarket on the site. Chamber chairman Nigel Eadie has said he believes it is 'completely the wrong site' for a supermarket.

Jonathan James, of Marchfield Properties Ltd, which owns the site, said every effort had been made to replace Focus with a like-for-like DIY retailer but in the current market this had not been possible.  

'Whilst we have received some interest from supermarkets, I would like to clarify that we have not made an application for a supermarket and any future use of the site for food retail would be subject to a planning application which would be consulted upon and determined in the normal way.

'We regret that there is not better news for the great many local businesses and members of the public who have given us their support and hope that we can work together with the council to ensure the building is brought back into use as quickly as possible to provide a vibrant gateway to the town.'