The Garden Mill development in Derby Road, Kingsbridge will to go ahead - with 32 new homes to be built on the steep slopes at the edge of the town.
Developers H2land won their appeal against South Hams District Council at a hearing in March, with the Planning Inspectorate announcing its decision last week.
But last week, Stokenham district councillor Julian Brazil lambasted SHDC for not attempting to fight the appeal and wasting taxpayers’ money.
Cllr Brazil stated that “the problem is the developers paid too much money for the land”.
The development was originally refused permission in June 2016, when SHDC’s development management committee voted nine to two against the proposal.
Kingsbridge Town Council had previously withdrawn its support for the application after the affordable housing contribution dropped to just 12 per cent - falling a long way short of the council’s 55 per cent target for affordable homes.
SHDC refused the application due to the impact on neighbouring Buttville House - a listed building; it’s setting within the South Devon Area of Outstanding Natural Beauty; and the lack of affordable housing offered in the application.
The DMC agreed that four affordable homes out of 32 was just too low and councillors didn’t accept H2Land’s viability assessment.
At the time, the decision was seen as a victory for Kingsbridge, with mayor Chris Povey saying it was “fantastic news for the town” and that the dramatic reduction in affordable homes was setting “a dangerous precedent”.
But this week, town clerk Martin Johnson said the council were “disappointed by the decision” and Cllr Robin Griffin, chair of the planning committee, said the council is “desperate to build houses for local people”.
Mr Johnson said: “The town council recommended refusal on the grounds of the percentage of affordable homes in the development. The target for affordable homes in Kingsbridge is 55 per cent, and members didn’t like H2Land’s figure of 12 per cent and recommended refusal.
“We’re obviously disappointed by the decision. The town council didn’t attend the hearing, we felt that there was nothing more we could add to the comments we submitted for the original application.”
Cllr Griffin said: “The council is desperate to build houses for local people, and you can understand how we feel about this decision. We work in such peculiar times, where regulations seem determined to undermine legitimate concerns.
“My colleagues share my disappointment. However, SHDC backed us up in our pursuit in homes for local people. There was no friction - they backed us up.”
But Liberal Democrat Cllr Brazil has said he is “utterly dismayed” with SHDC’s attempts to fight the appeal.
He said: “Council officers didn’t try and defend the decision and costs were awarded against us. You win some and you lose some, but there is no excuse for the council being so inept at defending its position.
“The bottom line is - if you can’t build enough affordable homes - you shouldn’t build. Inevitably, these houses will become second homes, or buy-to-let properties and will do nothing to solve the housing issues in Kingsbridge.
“Central government have overruled us, with their idea that building anything somehow solves the housing crisis.
“It’s an insult to the intelligence of local people. The whole community is against this development and local councillors have done everything in their powers to stop it.
“But SHDC have been totally useless and have let everyone down. We lost the appeal, but there is no need for blatant ineptitude.
“SHDC’s attempt to argue the case was pathetic, no senior officers turned up.
“South Hams residents are getting a bad deal. It appears to me that SHDC is fumbling around in the dark. I express my utter dismay at SHDC’s complete ineptitude.”
Conservative district councillor Rufus Gilbert, who attended the hearing said: “We are obviously very disappointed. I was disappointed with the outcome, in particularly the affordable housing element, which is minuscule in the ground scheme of things.
“Nevertheless, there are now improved conditions for Buttville House.
“I am nevertheless somewhat baffled that costs were awarded against the council. And it has always seemed somewhat extraordinary to me that a developer would wish to build on such a steep and somewhat isolated site.”
The development, to the east of the town, towers above the 19th century Buttville House.
Raymond Hayes owner of Buttville House said: “The inspector has improved some planning conditions, namely landscaping, which will have an effect during construction.
“But what’s going on here, is a presumption in favour of development as set out in the National Planning Policy Framework. The inspector was duty-bound to follow these guidelines, not withstanding the field in the Area of Outstanding Natural Beauty.
“We’re very disappointed. If the developers had come to us in the first place and said ‘let’s work together on a landscape scheme’ it might not have gone to appeal.
“My view is that in the South Hams, you should approach people and try and work with them instead of against them.”
A spokesperson for H2land said: “‘H2Land are pleased with the Inspectorate’s judgement which will allow development of new houses in the town. Unfortunately early constructive discussions with some of the more practically minded councillors, in order to look at a solution for building more affordable housing, didn’t go forward. Instead the appeal has ended with a cost award against the council.
“We would still welcome any constructive conversations with the Council on what can best be achieved, for the town.”
A spokesman for South Hams District Council said: “Unfortunately sometimes an inspector will find in favour of the applicant and Garden Mill Site is one of those examples.
“The inspector concluded that they did not agree with the development management committee who felt that the impact of the development on the site would be unacceptable. The inspector also disagreed with councillors who felt that more affordable housing could be delivered.
“Where ever possible South Hams District Council tries to deliver on its policies for affordable housing, but with some sites where the land is difficult to develop the viability of the site and the ability of the applicant to deliver affordable housing is not straight forward.
“It is important to remember that this site was identified in the council’s current development plan, even though it is not in the emerging joint local plan.
“During the appeal, officers from the council fully supported the decision taken by councillors at the development management committee, but were unable to convince the inspector that the adverse impacts of the development outweighed the benefits.”