Exmouth Marina Ltd has launched a High Court attempt to retain a new ship-racking system that enables it to store four ships at a time.
The owner of the marina, which is based in Greendale Barton, Woodbury Salterton, Exeter, is asking Sullivan J to quash an inspector’s decision to back an enforcement notice requiring it to remove the racking system, which is 1.5m higher than the one for which they had been granted planning permission.
Exmouth claims that it should be allowed to keep the new system, because it is 1.5m narrower than the one envisioned in the permission, and because it is sited further from other buildings.
East Devon District Council granted permission for a metal racking system of up to 6.8m in height in December 2001, but Exmouth subsequently erected one that was 8.3m-high, which can accommodate four ships.
In May 2002, the council issued an enforcement notice alleging that the development was “harmful to the visual amenities of the surrounding land”. They required Exmouth to remove the structure.
The company’s ensuing appeal was rejected by a planning inspector, and it is now asking the High Court to quash that inspector’s decision and return the matter to the First Secretary of State for reconsideration.
Robert Fookes, counsel for Exmouth, said: “The inspector failed to have proper regard to a material consideration, namely that the steps required by the enforcement notice required the removal of the structure as built, but that planning permission existed for a structure to be erected and that the built structure could be altered to produce a result that was less harmful to amenity than its removal and rebuilding as required.”
The hearing continues.
References: PLS News 3/6/03
