A HIGH Court decision to throw out a judicial review application by West Devon Borough Council, resulting from a planning mistake, could pave the way for a new supermarket in?Tavistock.

Marchfield Properties, which owns the former Focus building on Tavistock Retail Park, said this week it intends to submit a full planning application for use of the store for food retail.

The borough council, which will face legal costs over the High Court challenge, said it was acting in the best interests of local businesses and residents in taking the action to prevent the former DIY store being used for food retail. It said that a food retail store on the site would have a significant impact on the vitality of the town centre.

The application for a judicial review failed as it was made outside the three-month time limit since the planning decision on the Focus building was made.

The legal challenge was mounted by chairman of the council Cllr Philip Sanders seven months after council officers granted permission for the former DIY store to be split into two units. But that permission did not include conditions from the original Focus approval and meant the way was still open for a supermarket application to be lodged.

Councillors had voted by 15 votes to 11 to pursue High Court action to 'challenge and quash' the planning application, which, if successful, would restore conditions that would block the way for a supermarket on the site.

But there was concern from businesses and some members of the council that applying to the High Court for a judicial review would be a risky strategy that could lead to 'horrendous financial consequences should the case be lost'.

Businesses on the Tavistock Retail Park, claimed the building, vacant since June 2011, was now an 'eyesore' and having a detrimental effect on the park as a whole.

Martin?Hawkins, speaking for businesses on the retail park, said:?'The council should now hold its hands up, as many other councils have in similar circumstances, and grant the planning permission certificate.

'If the council continues to pursue other legal blocking tactics the financial consequences to the council could be horrific.

'A supermarket would regenerate the Tavistock Retail Park, creating up to 150 jobs resulting in over £1.5-million annually in wages going to local people — that would surely be a massive boost to Tavistock's economy.'

The council has been told by the judge to pay the legal costs of Marchfield Properties, as well as its own. The extent of those costs are not yet known.

Marchfield Properties said it would be holding a period of community consultation prior to submitting a full planning application for the use of the site as food retail. At this time it is hoped the name of the food operator will be revealed.

A spokesman for West Devon Borough Council said it was disappointed by the court decision.

'If a planning application came forward for a supermarket on that site through the normal planning process, we would consider it in the proper way and fully assess its impact on the town.

'The situation we now find ourselves in is permission for the former Focus building being sought outside of the formal process through a legal loophole.

'This is not just a local issue. Other councils across the country are facing similar challenges and are also seeking to defend their planning policies through the courts.' 

But West Devon's group of Independent councillors, having unanimously opposed court action, have questioned the viability of these drawn out proceedings and said the implications of the judge's rejection of the application were a cause of great concern for the group.

They said:?'Until we have sight of the full decision we cannot comment but we are looking to the leader of the council Cllr Philip Sanders, for a thorough investigation, involving all groups on the council, into the conduct of the case and all its ramifications both for Tavistock and all the council taxpapers of West Devon.'

Liberal Democrat councillor Alison Clish-Green, who also voted against the decision to apply for a judicial review, said: 'I think the whole thing was a complete waste of time, money and effort.

'I am not a bit surprised and I think we were ill-advised to do it. I remember coming out of that meeting thinking I didn't want to be part of West Devon Borough Council if we were making ill-judged, irrational decisions like this when we have advice from people in the know saying you aren't going to get this. 

'It's been a waste of tax payers' money which could have been used on more deserving things, and I dread to think how much we are going to have to pay in costs.'

Nigel Eadie, chairman of Tavistock Chamber of Commerce, said: 'It's obviously disappointing, it seems a very complicated issue that appears to have gone wrong by the sound of it.

'The borough council don't want the Focus site developed as a supermarket and they are absolutely in sinc with the chamber and, I would have thought, the majority of BID members.

'Anyone wanting the vitality of the town centre to continue wouldn't want a supermarket on that site.'

The borough statement added that councillors would receive a report at council on?February 12, 'which will set out the position at that time and explain the timeline in more detail'.