In April 2021 the developer Park Green (South West) submitted an application to build 21 new residential dwellings on a prominent, elevated greenfield site beyond the settlement boundary, falling within the South Devon AONB and the Undeveloped Coast. The local ward member requested a Committee determination for the following reason: “A long and difficult gestation and changes right up to the last minute. Bare compliance with affordable housing requirements”.

Both Salcombe Town Council and the AONB Unit objected, the AONB Unit pointing out that in their opinion the application should be considered as a 'major development' under paragraph 177 of the NPPF and therefore planning permission should be refused other than in exceptional circumstances and where it is demonstrated to be in the public interest. However the case officer disagreed, claiming In circumstances such as this the definition of Major was not the same as that statutorily defined in the DMPO 2015. Instead, officers argued, the relevant definition is provided at Footnote 60 to the Framework, and is consistent with that provided in the JLP SPD, stating: “For the purposes of paragraphs 176 and 177, whether a proposal is ‘major development’ is a matter for the decision maker, taking into account its nature, scale and setting, and whether it could have a significant adverse impact on the purposes for which the area has been designated or defined.”

Accordingly, argued the case officer, it was for the decision taker to exercise a planning judgement. The application was approved, subject to a long list of conditions, amongst which were a number of pre-commencement conditions. Some months later, and it was clear that construction on the site had begun prior to the receipt of written approval of pre-commencement of planning conditions 4, 10, 12, 13, 14, 21 and 25 of the consent.

As a consequence the Society wrote to the Head of Development Management ('Our Objection'), in which we also expressed our concern that the local planning authority had shown a disappointing regard to its community in failing to allow an appropriate time to consult upon other pre-commencement planning conditions.

A week later a response was received acknowledging receipt, and making the point that: 'some of the matters raised in your letter cannot be addressed without officers visiting the site. A site visit will be carried out shortly and your letter will be responded to once the visit has taken place.'

That response has yet to be received.