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Independent planning specialists will be asked to investigate whether the process around approval of a controversial planning application was carried out correctly.

In January 2020, Teignbridge District Council’s planning committee voted by 11 votes to four, with two abstentions, for outline plans for 450 homes at Langford Bridge Farm on Kingskerswell Road, Newton Abbot.

But questions have since been raised about whether Cllr Phil Bullivant, the leader of the opposition Conservative Group and the chairman of the Overview and Scrutiny committee, who spoke in favour of and seconded a recommendation for approval, should have declared an interest in the Langford Bridge application and therefore taken no part in the debate.

At Monday morning’s full council meeting, a motion requesting that an investigation to reassure and to clarify for councillors and the general public that all correct due processes were undertaken was supported.

(Image: Andy Styles)

Due his personal interest in the debate, Cllr Bullivant left the chamber while the debate took place, but read out a statement before doing so. It said: “The issues to be discussed involve my taking part in a decision by the planning committee and with certain councillors seeking to accuse me and my family of breaking the council’s Code of Conduct by so doing, despite the fact shows no transgression took place.

“The accusation are based on a lack of understanding of due process, attempt intimidation, innuendo and a deliberate misrepresentations of the facts, an accusation that I strong deny and have referred to the Monitoring Officer for resolution.”

When the NA3 Wolborough Barton application was discussed in February 2019, Cllr Bullivant declared an Appendix A interest in the application by virtue of his son, Andrew Bullivant, having an interest in the application, and withdrew from the meeting.

When the Langford Bridge plans were discussed in January 2020, Cllr Bullivant did not declare an interest and voted in favour of the application.

A spokesman for Teignbridge District Council has said that in accordance with the law, councillors are not required to declare in the Register Of Interests any land in which their children may have an involvement, and also added that a complaint under the Members’ Code of Conduct was received by the Monitoring Officer, was acknowledged on receipt and it will be dealt with in accordance with our well-established Code of Conduct procedures, as published on our website.

At Monday morning’s full council meeting, a motion requesting that an investigation to reassure and to clarify for councillors and the general public that all correct due processes were undertaken was supported.

Cllr Richard Daws’ motion had called a task and finish group, Chaired by the Deputy Chairman of Overview and Scrutiny, to lead the investigation.

Explaining the motion and why he believed there may have been a potential conflict of interest that should have been declared, Cllr Daws outlined that Andrew Bullivant, the son of Cllr Bullivant, is one of the directors of Westmoreland SW Ltd, a company partly owned by Low Pressure Developments Ltd.

Companies House shows that this company is owned by David Seaton, who is also the planning agent for PCL Planning Ltd, who had submitted the application on behalf of landowners the Rew family for 1,210 to be built at Wolborough, which is the application for which Cllr Bullivant declared an interest in.

The Langford Bridge application, which Cllr Bullivant took part in the debate, was submitted by the CEG Group, who neither Andrew Bullivant nor David Seaton are involved with.

But Cllr David Cox, who is the deputy chairman of Overview and Scrutiny, instead said that to reassure the members and public, it should be an external investigation and that the Independent Planning Advisory Service are invited to look at the decision.

He added: “There may be accusations of bias if it is done internally. I appreciate it will cost us more, but they have the expertise and can report back to the council.”

Cllr Alan Connett, supporting the amendment, added: “It is entirely right given the concerns that colleagues have expressed, we invite the Planning Advisory Service to do this. They have experience in planning and can give us the reassurance and the independence that we seek. Given that doubt has been cast, we need to check and entirely appropriate that it goes outside of us.”

He added that the council would ask for a planning officer based outside of Devon and who has no link to the county to be part of the investigatory team, and that as there are no Labour councillors represented in Teignbridge, that a councillor from that political party also be a part of the team.

Leader of the council, Cllr Gordon Hook, added: “The amendment makes sense and show the desire for the authority to be scrupulously independent.”

Cllr Chris Clarence, deputy leader of the Conservative Group, said that he had no problem with any independent investigation but was at a loss as to what Cllr Bullivant or that meeting did wrong. He added: “Is it just that the opposition didn’t like the result?”

Councillors voted almost unanimously for the Independent Planning Advisory Service to investigate whether due processes were followed correctly, with Cllr Mike Haines abstaining due to previous work that he has done for them.

Newton Say No group leader Cllr Liam Mullone asked for an assurance that the council would be kept up to date and have clarity at all stages of any investigation so that it wouldn’t just be ‘kicked into the long grass.’

(Image: Daniel Clark)

Cllr Mullone added: "Cllr Bullivant keeps saying that he has been ‘slandered’ by our ‘insinuations’ and ‘innuendo’. He also used the word ‘intimidation’ in the chamber today. We were not given any opportunity to respond to this, but it’s unalloyed nonsense.

"His choice of words seeks to suggest that we don’t have the courage of our convictions and that we’re bullies frightened to accuse him properly.

"We believe he has acted improperly and we have been absolutely forthright in this. It’s hardly an ‘insinuation’, is it? We spelled it out to his face. We have made no insinuation, spread no rumours and certainly haven’t attempted ‘intimidation’, whatever on earth he means by that. There’s nothing remotely underhand about it. People can decide for themselves. To my colleagues and I the answer is pretty clear."

A report by the PAS will, once complete, come back to the council for consideration.

A separate reserved matters application, covering matters of appearance, landscaping, design, layout and scale, will be need to be submitted and approved by Teignbridge before work can begin on the Langford Bridge scheme.

The council is still awaiting the report and decision from the Secretary of State over an appeal for 1,210 new homes at Wolborough scheme, which also includes a new primary school, employment land, community facilities, including a day nursery and a health centre, a local shopping centre, play area, allotments and a multi-use games area, as well as a link road connecting the A380 and the A381.

Full planning permission for a new boutique hotel in place of the Wolborough Farmstead is also included.

If the Secretary of State does allow the appeal, then developers would still need to submit and get approval for the reserved matters stage of the application – which would relate to the detailed elements of the scheme.