Lock's Hill appeals dismissed, with developer saying it has "ended any chance of the site being completed"

A planning inspector has dismissed two appeals from Blakesley Estates Kingsbridge, following judgements that planning permission was not valid at the time of work being carried out on site. 

In the latest in a long line of contention and legal arguments surrounding land of Derby Road, known locally as Lock's Hill but also known as Garden Mill and K4, the Planning Inspectorate has dismissed two appeals brought by Blakesley Estates, against South Hams District Council. 

Click the links above to read our previous reports into Lock's Hill and the history of the site. 

The Planning Inspector, Mike Robins, released his decision on 3 April, dismissing the two appeals. 

Mr Robin's report concludes that "photographic and other evidence" prove that commencement of work on the site began before 27 May 2022, and "the requirement for submission of details prior to any
preparatory or site clearance works, then a breach has clearly taken place."

Issues, which had been regularly highlighted by local people and neighbours to the site, include a lack of appropriate fencing, and the breaching of Tree Protection Orders (TROs). The report states: "There is an absence of any convincing evidence that appropriate tree protection measures were in place when substantive preparatory, site clearance or other works began.

"Furthermore, the evidence before me confirms that the approved measures were not implemented consistently across the site, were at no time shown to be in place in full in accordance with the approval and that direct impacts had been experienced in relation to retained feature."

The main decision was centred on the fact that "a condition precedent going to the heart to the permission, and in absence of any exceptions to the principle, I [Mr Robins] must conclude that works carried out prior to 21 December 2022 were not lawful and the host permission lapsed at that point".

The full report and decision, with lots of detail and specifics to the case, can be read here. Costs were ordered to be paid by Blakesley Estates Kingsbridge. 

Dan Stathers, Save Lock's Hill group, commented on the decision, saying: "Well done South Hams District Council planning and legal team for putting together such a solid case, and the same goes for Kingsbridge Town Council and our local councillors, all of whom have put a tremendous amount of time and energy into this long-running dispute. 

"The decision has brought much relief to so many towns folk, many of whom have written objection letters and supplied crucial evidence of the wrongdoings that have taken place on Lock’s Hill. 

"I urge all those who care about the hill not to be disheartened by this miserable chapter, we need to come together and campaign for a restitution that better serves our local wildlife and our community. It’s what Kingsbridge deserves."

John Freeland, director of Blakesley Estates Kingsbridge: "Blakesley Estates and its funders are extremely disappointed with the outcome of this week’s planning appeal decision for the Garden Mill site.

"The Inspectors verdict ultimately came down to whether temporary tree protection fencing on site had props installed or not. This decision has ended any chance of the site being completed. It also seems irrational at a time when the UK has a national shortage of housing and South Hams District Council has previously announced a housing emergency

"The saying from Aesop’s Fables: ‘Be careful what you wish for, lest it come true!’ springs to mind with South Hams District Council and the SLH Facebook group. NO ONE will now invest in the site, as no planning permission exists. Nor will anyone fund a new major planning application with the eight years of continuous planning refusals by SHDC, even though the site was adopted in the local plan.

"The road to the rugby club was due to have the exposed excavated hillside face below, strengthened in the next phase of works. That will now not happen. The site with its five partially built houses, is referred to locally as ‘The Quarry’, and it will now stay that way, potentially permanently.

"Blakesley Estates continue to own the site and would be happy to work with the SHDC or any third party to complete it. If SHDC or any local groups are interested in progressing the site as a legacy to the town, we urge them to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.."

Main image credit Paul Beech - the site late last year.