A TAVISTOCK businessman who demolished a building within the town?s conservation area without consent will not face legal action.
West Devon?s planning committee last week decided against taking Tony Kaminski to court, following the demolition of a generator building at his garden centre site in Parkwood Road.
West Devon?s planning chief Stephen Gill said the case was ?exceptionally difficult? to deal with. He said the building itself was not listed, nor was it considered worthy of listing in future, but there was ?no doubt? the law had been breached.
Historically, the water-driven electric turbine within the building was more important than the building itself, he said.
The committee heard that Mr Kaminski told the council he had removed the generator to preserve it safely ? but in doing so, the building was damaged and ultimately had to be pulled down for safety.
He said Mr Kaminski had planning consent to demolish other buildings on the site and to develop the area for housing.
Mr Gill said: ?It?s a very difficult question, in terms of just how significant this building was, and to detach that from its contents. An offence has been committed and we are very concerned about anyone going ahead and demolishing anything in a conservation area.
?Having said that, as to whether it is expeditious to actually prosecute anyone in these circumstances, a whole host of issues make it very tricky to come down firmly on one side or another.?
Cllr Dick Eberlie said on balance, had Mr Kaminski applied for permission to demolish the generator building, he would have been in favour of granting consent, on condition an archaeological survey had been completed and the borough?s conservation officer was closely involved.
Deputy mayor Christine Grills said having been to the garden centre on a previous site visit, she could not see how the generator could have been removed without damaging the building. She was opposed to taking legal action against Mr Kaminski.
?Surely the top priority was making the area safe? I feel there has already been enough officer time and tax payers? money spent on this,? she said.
Cllr James McInnes said the most important issue was the preservation of the generator.
The committee decided that, as it ?might have been minded? to allow demolition of the generator building in order to preserve its contents, it would be ?inexpeditious to pursue the matter through to prosecution?.
It also reaffirmed its commitment to maintaining the town?s conservation area.
After the meeting, Mr Kaminski said his family had a ?merited reputation for the preservation of our genuinely historically rated buildings?.
He said: ?Anthony Park and Edmund Park are prime examples of our commitment to our heritage.
?In this now resolved case, it was the tedious extraction of the turbine over a six-week period at our own expense that we have placated these genuinely interested people with its preservation for posterity.?