Forte UK Ltd has gone to the High Court to challenge a refusal of planning permission for the construction of a 40-bedroom Travelodge with parking facilities near St Austell, Cornwall.
In August 1999 a DoE inspector upheld Restormel Borough Councils decision to refuse consent for the scheme in respect of a 0.7ha site to the rear of a BP garage and Little Chef restaurant at Victoria Roche, near St Austell, Cornwall.
The inspector took the view that the site fell within an area covered by local development policies for the supply of land for industrial employment and warehousing. He concluded that the provision of the type of visitor accommodation proposed by Forte was outweighed by the industrial development policies.
On appeal, counsel for Forte, David Elvin, argued that the proposals would not have any adverse impact on the supply of industrial employment land as the site was not covered by the local policies. In any event, he contended, the site was so small that no appreciable harm would be caused to the supply of employment land.
For the DoE, John Hobson argued that the inspector had heard evidence on which he was entitled to reach the conclusions that he did and find that the scheme would have an adverse impact on employment.
The hearing continues
Forte Ltd v Secretary of State for the Environment, Transport and Regions and another Queens Bench Division: Crown Office List (Nigel Macleod QC, sitting as a deputy judge of the division) 5 April 2000
David Elvin (instructed by Marrons, of Leicester) appeared for the applicant; John Hobson (instructed by the Treasury Solicitor) appeared for the respondent.
PLS News 5/4/00
