Brixham anti-Tesco group to appeal against £20million store approval
A GROUP of residents opposed to a £20million supermarket store in the centre of Brixham have launched an appeal against a recently approved planning decision.
Brixham Residents Against a Tesco Superstore action group believe Torbay Council’s planning officers and councillors have a case to answer in term of decision making.
The group believes planning consent given to developers Albourne Property and supermarket giant Tesco for a mixed used development, should be put on halt while the a planning appeal goes through.
Earlier this month, members of the planning committee voted seven to two in favour of the scheme.
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Tesco and Albourne want to start the work on the multi-level car park with 340 spaces, a 32,000 sq ft Tesco supermarket and additional retail space, small unit shops, 11 town houses, three flats, a Shopmobility unit and public space in the autumn.
Phil Gregory, from BRATS, confirmed the group would be appealing the decision.
he said: “It is clear from the meeting and from further research we have carried out that the council members did not know their own rules as set out in their own constitution.
“We believe that they didn’t abide by these rules.
“Our planning lawyer told us that there was therefore a breach of planning law and the council’s decision was most likely illegal.”
Mr Gregory said the group had sought legal advice and had written to both Torbay Council’s monitoring officer and to the ombudsman.
If their response steers towards an illegal decision not taken according to the council’s own rules, then BRATS will seek a judicial review.
He said: “My advice to Tesco is to stop spending any more money on this scheme until all this is resolved.
“We hope to receive an answer from the ombudsman within 14 days. After that we will register for a judicial review.”
Meanwhile, BRATS has two candidates standing for the by-election for the St Mary’s with Summercombe ward in Brixham.
The two seats became vacant after Gordon Boote and Nick Henderson quit last month.
Two other independent candidates are also fighting for the seats.
Check www.thisissouthdevon.co.uk on Friday for the election results.