Locks Hill developer and director convicted of planning breaches

South Hams District Council has said "we will come down hard on developers who ignore planning regulations and cause damage in our communities" after the conviction over Lock's Hill. 

After a "successful prosecution" at Gloucester Crown Court yesterday, Monday, 19 August, SHDC has spoken out about housing developers "causing damage" in the South Hams. 

The council pursued Blakesley Estates (Kingsbridge) Ltd - now known as Garden Mill Ltd - and its Director, John Freeland through the courts, when in 2021 they "continued building without complying with planning permission conditions" on the Garden Mill development site, known locally as Locks Hill in Kingsbridge.

Following several court hearings and unsuccessful applications by Garden Mill Ltd and Mr Freeland, both pleaded guilty to breaching a temporary stop notice and an enforcement notice issued by the Council. Garden Mill Ltd have been ordered to pay a £100,000 fine and £40,000 costs to the council. Mr Freeland has been ordered to pay £76,000 in fines and £80,000 in costs to the council. They have been given 12 months in which to pay.

Councillor Dan Thomas, the Council’s Executive Member for Planning, said: “I am really pleased that this company and its director have been brought to justice.  

“We tried to work with them, but they refused to comply. The local community has quite rightly been up in arms about what has happened at the site – we have listened to them and relentlessly taken this through the courts over the past few years.

"We hope this sends a message loud and clear that we will not tolerate anyone who disregards planning enforcement notices and that we will take action.”

Blakesley Estates bought the land with planning permission for 32 new homes, with a condition. This was that no site clearance, preparatory work or development would take place until a scheme was put in place to protect trees on the site and limit the impact that building work and the development would have on a neighbouring Grade-II listed building.

Despite this, work started at the site without adequate tree protection, so the council ordered the developer to stop. However, work continued, causing even more damage to the site.

Work finally stopped, leaving the land with a number of houses partially built and the remaining land an unfinished building site.

Blakesley Estates then lodged an appeal with the Planning Inspectorate to restart the work, which was dismissed. Earlier this year, an inspector concluded that the developer had not complied with a planning condition and that planning permission had expired resulting in the land no longer benefitting from planning permission.

The council continued to pursue the company and its director through the courts and has now won its case.

Councillor Dan Thomas said: “This issue has gone on for years and we have worked tirelessly to bring it to a conclusion. We are facing a housing crisis, and we are really keen for this eyesore to be fixed. We want the local community in Kingsbridge to get the housing development they deserve which respects the local area.”

John Freeland, Garden Mill Ltd, has said: "Garden Mill Ltd are incredibly disappointed for the residents of Kingsbridge, and for ourselves as a company, that SHDC tirelessly obstructed the progress of this development over the course of three years. The result being five partially built houses with no prospect of completion due to the planning permission having now expired.

"­SHDC’s opposition started before Garden Mill Ltd acquired the site, with the previous owners even though it was zoned in SHDC’s local plan for residential use

"At no stage during the last three years have SHDC tried to work with Garden Mill Ltd to find a solution that would have avoided the current situation, and all lines of direct communication were cut off, hence the requirement for Garden Mill Ltd to submit three planning appeals.

"With no direct communication available with SHDC, Garden Mill Ltd have tried to work with their consultants to find the best solutions for what is a very challenging development. A closer relationship with SHDC would have enabled a number of the perceived planning issues to have been resolved directly.

"­It is incredibly disappointing that SHDC have instead been more intent on pursuing enforcement action and legal prosecutions, which has led to the current situation. If SHDC had worked with Garden Mill Ltd, as we repeatedly asked, this much needed housing would have been delivered by now. That is the opportunity lost, possibly permanently to Kingsbridge.

"Garden Mill Ltd, are a responsible and conscientious family-operated developer who pride themselves on creating affordable, high-quality housing in the South West. A primary company ethos is to work closely with communities and local councils to contribute to solving a country-wide housing shortage. We have successfully achieved this in other areas and are disappointed bureaucracy stood in the way at Kingsbridge.

"For this outcome, Garden Mill Ltd and John Freeland apologise sincerely to the people of Kingsbridge. Garden Mill Ltd tried everything to develop the site and were blocked at every turn by SHDC.

"We hope SHDC will also apologise to the residents of Kingsbridge for what is a very unnecessary and unsavoury outcome."

You can watch South Hams District Council's video response to the outcome online here: youtu.be/L6vlUkGIWjs