Phil Cook

County Councillor for South Teignbridge,
"Rowemore",
Torquay Road
Kingkerswell
Newton Abbot TQ12 5EZ
21 July 1997

Dear Mr.Jenkinson,

Motion on Planning Application Reference AB.963040.20.9, plus a Revised Application

PROPOSED EXTENSION OF BALL CLAY WORKING AND ASSOCIATED RIVER DIVERSIONS ON LAND NORTH OF LEY GREEN, VENTIFORD, TEIGNGRACE NEAR KINGSTEIGNTON FOR WATTS BLAKE AND BEARN & CO PLC (THE APPLICANTS)

"Devon County Council should review the decision of the Development Control Committee at its meeting on June 11th 1997 'to allow planning permission for the above application subject to the completion of a Section 106 agreement', for the following reasons :

Because of the failure of

i) Development Control Officers to provide written and verbal explanation of Development Plan policies for members of the Development Control Committee which met on June 11th 1997,

ii) the Environment Department to adequately brief the ten (a majority) new members on Development Control Committee procedure,

iii) the Environment Department to issue to the six newly elected Members of the Committee the Structure Plan and Local Minerals Plan documents,

iv) the Development Control Committee to examine the planning application to ensure that it complied with Development Plan policies, or, if it did not, to provide the material considerations in order to justify approval,

Devon County Council was in breach of the Town and Country Planning Act 1990, providing substantial grounds for judicial review of the decision or a claim that the Authority acted ultra vires ie. outside its powers'.

Your sincerely,

Councillor P. L. Cook

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