LEGAL costs incurred by West Devon Borough Council following a planning mistake are likely to be in the region of £40,000 to £50,000, members of the authority have been told.

The full council agreed at a meeting last week to investigate the procedures which led to the application for a judicial review concerning the former Focus DIY site in Tavistock, the legal costs of which will be met by the taxpayers of

West Devon.

The council had been seeking to quash a planning permission granted on the former Focus site which had given unrestricted retail use. This paved the way for a supermarket, which the council said would have a significant impact on the town centre.

Councillors were told that the judge did not determine the merits of the case but had merely refused an extension of time to allow the council to pursue it further.

Head of planning, economy and community Marion Playle said the council was liable for costs but not compensation to the owners of the former Focus site site, Marchfield Properties.

The authority's costs were £20,000 and officers were currently in negotiation with Marchfield to get a final figure on the company's costs. This was not likely to be more than £50,000 and this figure had already been budgeted for, she said.

But the controversial decision last year to take court action, won by 15 votes to 11, has led to councillors calling for an investigation.

Cllr Robert Sampson, who with the rest of the Independent councillors voted against the move, said: 'I and other members in this chamber have questions over the conduct of the application. We are of the view that the Overview and Scrutiny Committee is the right place for consideration so members can be satisfied that the expense was properly incurred and so that lessons can be learned for the future.

'Whilst I hope we do not find ourselves in this situation again, we might learn something from this investigation.'

Cllr Philip Sanders, in whose name the legal challenge was mounted, said the expense was incurred following a majority vote in the chamber to take legal action where members authorised expenditure of between £40,000 to £80,000.

He said a great many residents of Tavistock had commended the council for taking the action to try and safeguard its town centre businesses.

Cllr Debo Sellis said it appeared as if the council had done everything it should have done but the place to talk about the process was later when all the legal issues and costs had been sorted out. 'We can then have a mopping up exercise,' she said.

Cllr Ted Sherrell said although he did not agree with the decision to take court action it was democratically done: 'There does need to be light shone upon it and justice has to be seen to be done. This is the right way to go but I do hope this does not impede on any potential application for this site because it is time that site was sorted out.'

The former Focus site on the Tavistock Retail Park in Plymouth Road has been empty for more than 18 months and neighbouring businesses are frustrated, claiming it looks an 'eyesore' and is detrimental to the park as a whole.

But the current planning status on the site is still unclear as the council is eagerly awaiting a court of appeal application regarding a similar planning situation in Lancashire which could affect planning law.