A BLUNDER by West Devon Borough Council has left residents in Tavistock outraged after they missed the opportunity to give their views at a local planning appeal.

The appeal by George Wimpey against the borough council's refusal of planning permission for 42 homes on the footprint of the former Tavistock Manor was held at the council's Kilworthy Park offices in the town earlier this year — unknown to many interested parties, residents and opponents.

The authority has blamed the situation, whereby letters were only sent to 60 of the 164 interested parties, on 'computer error' — but angry residents are preparing a case of maladministration against the council, after being denied their right to make any further representations.

Cllr Roy Connelly, who represents the Tavistock North ward, said not only did the council fail to advise residents of Wimpey's appeal, but it also failed to notify them of the inspector's decision.

'This is a very serious contravention of planning procedures by the council planners. Only the scrutiny of a full formal enquiry will establish the council's reasons for this major failing.

'Much has been said over recent times of the borough council delivering local democracy with planning playing a major role in that debate — in this case it has clearly failed.'

The 42-home plan was refused by West Devon last October because it was seen as overdevelopment. In the whole Manor site, which included two other parcels of land, it brought the total number of homes to 189, a 30% increase on what was suggested in the original development brief.

However, in February, planners approved a less ambitious scheme for 29 homes.

Michael Harper, who lives in one of the new homes on the Manor estate, said that on top of the 164 letters that should have gone out, 116 other residents who had moved in since the original application was submitted should also have been informed of the appeal.

'Nobody knew this was going on and that constitutes gross negligence,' he said. 'As residents we are preparing a case to the ombudsman for maladministration and hoping to bring the matter to judicial review to try and overturn this appeal decision.'

A spokesman for the Manor residents' group who did not wish to be named, said that when the local plan was drawn up there were many objections to this area being developed. He even had a visit from the Government inspector.

'It eventually went through with certain conditions, including limiting the number of houses, but the site has ended up with a larger density of houses than it should have,' he said.

'We would have spoken at the appeal but we have been denied that.'

Chief executive of the borough council David Incoll said the council very much regretted that letters informing relevant members of the public and public sector bodies were not sent to all those who should have received them.

'Due to a problem with our current planning computer system, letters were only printed for the first 60 addresses on an electronic list, whereas it was intended to send letters to 164 such people or organisations,' he said.

'It is very rare that a planning appeal generates more than 60 outgoing letters and, therefore, the member of staff operating the system for this appeal did not, at the time, appreciate that an error had occurred.'

He said the planning inspector had copies of the letters from the eight residents who objected to the planning application and responses from other relevant bodies, and the council's reasons for refusal were argued robustly before the Inspector. This was evidenced in the report of the Inspector, albeit that he allowed the appeal.

'The council obviously regrets losing the appeal and, due to its mistake, denying local residents from seeking permission from the Inspector to speak at the hearing,' added Mr Incoll. 'The inspector has made his approval subject to conditions designed to protect local amenities and the council will be enforcing these.'

Mr Connelly added: 'Wimpey have almost had a free ride as they were allowed to put their case but the objectors were denied that opportunity. I have written to the planning inspectorate on behalf of the residents pointing out what we believe to be a flawed process.'

He said the first anyone knew that the 42 homes had got the go-ahead was when they read an advertisement by Wimpey in the Times, offering plots on the site.

He added that appeals in the past by had been rejected on the strength of feeling of residents at the hearing: 'The opportunity to make new representatives to the inspector is critical.'

In an email to Tavistock Town Council on Tuesday, borough chief planning officer Jane Hart said 'an administrative error occurred in connection with publicity' for the appeal hearing.

'I sincerely apologise for this error and for any direct or indirect problems it may cause your council,' she added.