Stop harm to North Devon Coast Area of Outstanding Natural Beauty
Stop harm to North Devon Coast Area of Outstanding Natural Beauty
Latest: Nov. 16, 2021
Parkdean are withdrawing their appeal!!!
Dear All of our wonderful supporters in this important environmental case.
We will post more news when we have it and have had a chance to take stock but for now the headline news is that Parkde…
Read moreUrgent action is needed to prevent harm to the North Devon Coast AONB
Take a look at the photo above. How would you feel if the area outlined in red was to have an unrestricted number of caravans sited on it? That could be the potential result of an error in a planning decision made in 2014, the significance of which came to light in a planning appeal hearing in February 2020.
Croyde is in the North Devon Coast AONB
Parkdean, owner of RUDA Holiday Park, is intending to use a legal loophole to put caravans on undeveloped land within the red line.
We are appealing to people who care about this beautiful natural landscape and the environment to help us raise funds to get the source of the legal loophole removed.
Case Background
In January 2014, Parkdean applied for permission to extend the time for RUDA Holiday Park to be open.
That application contained an incorrect plan of the Holiday Park submitted by RUDA. The red line in the photograph above indicates the area defined in that Plan. It contains undeveloped green areas. Some of which Parkdean owns and some of which it doesn't.
Errors in the wording of the decision (which approved the incorrect Plan) contributed to this decision recently being interpreted by a Planning Inspector as granting a change of use rather than the applied for extension of time.
The change of use permits caravans to be placed within the red line. The permission is unconditional. So there is no control over type and size of caravans, caravan numbers and their siting. No conditions can be imposed to reduce impacts on the protected natural landscape and the sensitive environment.
This permission represents a major potential expansion of the holiday park in the natural landscape.
In February 2020 Parkdean used the faulty decision to obtain a certificate of lawful development to put an unspecified number of caravans on one of the undeveloped fields they own, within the red line. The AONB (amongst others) previously advised against such development on this field when Parkdean unsuccessfully applied for permission to put 50 caravans on that field in 2016.
Unless the faulty decision is removed it can be used in a similar way in relation to other undeveloped areas inside the red line of the Plan as well.
Legal Action
Barrister, Richard Turney from Landmark Chambers has advised on a solution to remove the faulty planning decision, and with it, the basis for the certificate of lawful development that was issued in February 2020. Legal action does not come cheap and Lisa Foster (Richard Buxton Solicitors) is instructed to take this matter forward with Richard Turney. Both are experienced in matters of this type.
Our initial target of £18,000 is for legal advice, issuing court proceedings and taking the matter to the first stage where a judge determines if we have a case. If the case progresses to the next stage of a full court hearing, the overall costs could be as high as £40 - 50,000 so further funds may be required for the second stage.
The estimates cover the legal and other costs and contingencies, including costs for the other side in the event of failure of the court application. A costs protection order to limit our exposure to the costs of the other side to £10,000, will be claimed. We cannot look into the future and do not know what level of resistance the action will receive. So whilst we can always hope for the best, to ensure the campaign has the best chance of success, we also need to plan and budget for the worst.
Swift action is needed on this matter to protect the North Devon Coast Area of Outstanding Natural Beauty and the environment. The sooner we hit the target of £18,000 the sooner we will know that we have the committed funding needed to progress the matter.
This is not something which we can do on our own, but it is something we can do if we pull together as a community. That includes not just Croyde, the immediate locality and North Devon but also the wider community of people who know and love this area.
If we don’t hit the target in 30 days then that is the end of this matter. Your pledges of funds will be returned to you and that part of Croyde Bay, near the holiday park, will remain at risk of harm.
We appeal to all of you who love Croyde and its beautiful landscape to help us. Please donate whatever you can afford and share this with anybody you know who cares about the area of outstanding natural beauty that is Croyde. Together we can protect the environment.
We will of course keep you updated. If at the end, any funds are left they will be applied to charitable projects that protect and enhance the AONB and people's enjoyment of it.
THANK YOU.
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I'll share on FacebookCARA (Croyde Area Residents Association)
Nov. 16, 2021
Parkdean are withdrawing their appeal!!!
Dear All of our wonderful supporters in this important environmental case.
We will post more news when we have it and have had a chance to take stock but for now the headline news is that Parkdean have informed us that they are withdrawing their appeal. They have therefore accepted the High Court's quashing of the 2014 planning permission that was granted unlawfully and put a significant area of this area of outstanding natural beauty at risk from harm.
It is all of you that has played your part and helped to achieve this very welcome outcome.
With a mountain of gratitude to you all for helping in this action.
Bye for now
CARA
CARA (Croyde Area Residents Association)
Oct. 13, 2021
We've got the Court of Appeal Hearing dates!
Yes it is dates - not date!
The dates for the Court of Appeal Hearing are 18 and 19 January 2022 in the Royal Courts of Justice, London.
As the hearing is to extend into another day, that means increased legal costs and our fundraising target has been extended to reflect this.
Thank you to all the wonderful people and organisations who support this important legal action to protect the North Devon Coast Area of Outstanding Natural Beauty. Croyde Bay includes the Saunton to Baggy Site of Special Scientific Interest and is in the North Devon UNESCO Biosphere Reserve. These are just a selection of the sensitive environments in this very special part of the world that are at risk of harm if this case fails.
We cannot do this without you. The comments that have been posted provide a welcome boost to moral and make us even more determined to ensure a good outcome for everyone who lives or works in or visits this picturesque area.
With warm wishes from Croyde Bay.
CARA
CARA (Croyde Area Residents Association)
Sept. 30, 2021
What is happening - why are there more legal proceedings?
What is happening - why are there more legal proceedings?
In March 2021, the High Court agreed with CARA, its supporters and North Devon District Council and quashed an unlawful and harmful planning decision made in 2014.
The only reason why legal action is continuing is because Parkdean do not accept the decision and have appealed.
The grounds for appeal are all to do with statute bar and delay. All agree the 2014 planning decision is unlawful. Everyone knows that the the planning permission, if implemented, will harm the natural environment and landscape.
If judicial review proceedings had been issued immediately against the planning decision in 2014, that would have been the end to the 2014 planning decision. There would have been no potential arguments of statute bar or delay.
All that Everyone thought had been decided in 2014, was that the holiday park could have a longer open season. No one at this time, thought that the decision had mistakenly permitted unlimited numbers of static caravans on green fields at the north end of Croyde Bay.
The legal interpretation of the 2014 decision was not realised by anyone (including Parkdean) for years and crystallised with a planning inspector's legal interpretation of the decision in Feb 2020.
The purpose of Parkdean’s application to the Court of Appeal is
- to reinstate an unlawful planning decision
- granted in error
- that will harm the beautiful landscape and environment.
So far, the work done on the Court of Appeal case has been to file skeleton arguments on the legal issues at the Court of Appeal with trial bundles of supporting documents and caselaw. A protected costs order has been negotiated to limit exposure to the other sides costs in the event of losing. (In legal matters the losing party bears its own costs and contributes to the legal costs of the winning party).
CARA's legal costs for:
- The High Court Case in March 2021, and
- the work that has been done on the Court of Appeal case so far
totals circa £65k. This has been paid for out of this fundraising campaign. The target is increased if more funds are needed.
There is nothing usual about this case. The facts are unique and the stakes for the natural environment high. Who would have thought such a simple planning application could have such far reaching consequences?
This case involves interpretation of a statutory provision that has not been considered by the Courts before and is therefore precedent setting. Expert lawyers are needed to ensure the case for the protection of the natural landscape and environment is made. Parkdean and Onex Corporation (their parent company) have a lot to gain and have thrown their financial might behind a long drawn out expensive legal process.
There is still a significant way to go, to fund the substantial costs needed for our lawyers to attend the hearing before the Court of Appeal in the New Year. The cost of legal advice and representation for the Court of Appeal proceedings is estimated at between £30 - £40k.
Is it worth it?
YES - If we don’t give this our best shot now, Croyde Bay will be changed for ever in a way that was never intended and should never have happened.
If CARA doesn’t raise all the funds needed to fight these new proceedings at the Court of Appeal there is the risk of losing all that has been achieved so far. At the moment the unlawful decision has been quashed. Therefore it cannot be used to place static caravans on green fields. If Parkdean succeeds at the Court of Appeal the unlawful and harmful planning decision will be reinstated. There is too much at stake to fold now through insufficient funding.
Thank you so much to everyone who is helping the fight against Parkdean’s attempts to use an unlawful planning decision to expand their holiday park. The help is very much appreciated. It illustrates what can be achieved collectively, by individuals, standing together against a multi billion dollar corporation to right a wrong. (Onex Corporation which owns Parkdean is a Canadian private equity investment company). Every donation (however big or small) helps, as does letting others know about this case and how to donate, if they wish to.
Thank you for helping protect this area of outstanding natural beauty.
CARA (Croyde Area Residents Association)
July 26, 2021
David v Goliath Round 2 is on - next venue - the Court of Appeal!
CARA must once again prepare to take on Parkdean, the owners of Ruda Holiday Park in Croyde Bay, who have been granted leave to appeal the judgment of the High Court.
This judgment given at the High Court by Mrs Justice Lieven on 19 March quashed a harmful planning decision which unlawfully granted permission to expand the Holiday Park into green fields in the AONB, by mistake.
No environmental or landscape impacts were considered and no conditions relevant to these were imposed. There was no limit on the number of static caravans that could be placed on the green areas in question. It was a planning permission that Parkdean did not apply for and did not expect to get.
The unlawful planning permission permits expansion into green areas of the North Devon Coast Area of Outstanding Natural Beauty in Croyde Bay and affects a Marine Conservation Area, a Site of Special Scientific Interest and the buffer zone of the North Devon UNESCO Biosphere Reserve.
The red lines on the aerial shot of Croyde Bay above follows the map of “Ruda Holiday Park” that Parkdean submitted with the planning application and the extent of land (some of which they do not own) that may be developed under the unlawful planning permission, should the Court of Appeal reinstate it.
CARA believes Judge Lieven’s decision is the right outcome, not only for the AONB; the community; and the sensitive environment CARA has been fighting to protect, but also for public confidence in the planning system.
An unlawful planning mistake should not dictate the future of an AONB and sensitive natural environments.
CARA is a local residents’ association and our ability to help to save this treasured area for everyone is dependent on the donations we receive. We have got this far with the help of so many people pulling together. Please help us to help the AONB and the sensitive natural environments of this special area.
Thank you from the bottom of our hearts
CARA (Croyde Area Residents Association)
May 5, 2021
Will the Court grant Parkdean permission to appeal?
We now know that Parkdean have applied to the Court for permission to appeal against the decision of the High Court Judge, so this legal action is not over yet!
Thanks to the donations from you all we have covered the costs of the case to date but if Parkdean are granted leave to appeal by the Court we will need to raise more money to contest this action.
Should the High Court Judge's decision ultimately be overturned (we are keeping everything crossed that it isn’t!) we would also be liable for a proportion of Parkdean's legal costs.
This is an important case to stop harm to this Area of Outstanding Natural Beauty and ensure that proper protections are in place going forward. We remain as committed and passionate as ever in fighting the case.
Watch this space to find out if Parkdean are granted permission to appeal because if they are we will be starting the campaign for David v Goliath Round 2!.
For now good wishes from Croyde Area Residents Association - the sun is out and the swallows are swooping over the fields and hedgerows.
CARA (Croyde Area Residents Association)
March 20, 2021
JUSTICE FOR THE AONB IN CROYDE UPDATE
CARA is delighted and that Mrs Justice Lieven has quashed the harmful 2014 planning decision that unlawfully permitted expansion of Ruda Holiday Park into green undeveloped fields in the area of outstanding natural beauty in the Croyde Bay area.
This is the right decision for this beautiful natural landscape and the environment. We are relieved that this result has, for now, put the AONB and environment back at the forefront when it comes to proposals for any development in this precious area.
We want to thank our legal advisers Richard Turney and Alex Shattock of Landmark Chambers and Lisa Foster and her team at Richard Buxton Solicitors for their patience, commitment, expertise and practical approach to this important legal action.
Finally, and not least, we are hugely grateful to all those who have supported us from near and far. The funds we needed to raise to bring this legal action were substantial and the time and effort required to pursue this case, considerable. We could not have done this without the generosity, good spirit and good will provided by so many along the way. This decision represents a significant achievement for the many hundreds of people who have contributed in so many ways. Whilst CARA fronted this action, it has been buoyed up by a much wider community of people who care about preserving protections to ensure that beautiful areas like this continue to be there for everyone not only now but in the future as well.
Whilst we celebrate a good outcome for this area and the people who live, work or visit here, we remain ready for any further challenges there may be.
CARA awaits a decision on the Parkdean’s application to the Judge for permission to appeal and our barrister has made submissions to oppose permission to be granted.
If permission to appeal is granted by the High Court (rare but it can happen ) or later on a formal application by Parkdean for permission to appeal to the Court of Appeal, CARA will mount a robust defence of the judgment of the Court handed down today.
We will keep you posted of any developments on this front.
We believe this is the right decision, not only for the community and the sensitive environment CARA has been fighting to protect, but also for public confidence in the planning system. An unlawful planning mistake should not dictate the future of an AONB.
CARA (Croyde Area Residents Association)
March 19, 2021
JUSTICE FOR THE NORTH DEVON AONB IN CROYDE
CARA is delighted that Mrs Justice Lieven has quashed the harmful 2014 planning decision that unlawfully permitted expansion of Ruda Holiday Park into green undeveloped fields in the area of outstanding natural beauty in the Croyde Bay area.
This is the right decision for this beautiful natural landscape and the environment. We are relieved that this result has, for now, put the AONB and environment back at the forefront when it comes to proposals for any development in this precious area.
We want to thank our legal advisers Richard Turney and Alex Shattock of Landmark Chambers and Lisa Foster and her team at Richard Buxton Solicitors for their patience, commitment, expertise and practical approach to this important legal action.
Finally, and not least, we are hugely grateful to all those who have supported us from near and far. The funds we needed to raise to bring this legal action were substantial and the time and effort required to pursue this case, considerable. We could not have done this without the generosity, good spirit and good will provided by so many along the way. This decision represents a significant achievement for the many hundreds of people who have contributed in so many ways. Whilst CARA fronted this action, it has been buoyed up by a much wider community of people who care about preserving protections to ensure that beautiful areas like this continue to be there for everyone not only now but in the future as well.
For now, warm wishes and immense gratitude from CARA.
CARA (Croyde Area Residents Association)
March 5, 2021
A Beautiful Close to the End of a Hectic Week
The Court Hearing which started yesterday, finished today as planned.
It has been an intense couple of days. Lots of case law was cited and legal principles and statutory provisions analysed in detail and all applied to the facts and evidence of the case.
The Judge has the task of sifting through it all, coming to a conclusion and forming it into a written judgment, which will take time.
In the meantime we wait.
The sunset over Croyde Bay this evening reinforced what this case is all about. This journey is not over yet and we remain reliant on your support and generosity. We hope you agree that this case to help protect the North Devon Coast AONB in Croyde is definitely worth the fight.
Thank you folks - we cannot do this without you - and have a good night.
CARA (Croyde Area Residents Association)
March 1, 2021
David v Goliath - the Court Hearing starts this week
The court action to protect the Area of Outstanding Natural Beauty in Croyde from harm is due to be heard this week on Thursday and Friday.
The lawyers are preparing for their appearance before the Judge.
Judges don't usually give their decision on the day of the hearing. Instead, after they have heard all the arguments, weighed the evidence and considered the applicable law they produce a written judgment. Written judgments take time - it can be a few weeks before the outcome is known.
In the meantime there is still a bit more fundraising to do to help meet the costs and liabilities of the court action, whether we win or lose. Anything that you can do to help us in this is very much appreciated. Please share this website with your friends, family and anyone else you think may be interested. If you want to and are able to, please donate.
Croyde is there for you all to enjoy its beautiful natural landscapes. Here are some sunny weather photos from last weekend. Morning.......... ..............................................................and Evening. Enjoy!
CARA (Croyde Area Residents Association)
Feb. 26, 2021
High Court Hearing Next Week!
The Court hearing is next week - the dates have changed slightly.
The Court hearing is now listed for 4 and 5 March and is before Mrs Justice Lieven.
An incredible amount of hard work and effort has gone into bringing this case to the Hight Court.
Thank you so much to all who have helped in this bid to protect this part of the North Devon Coasts Area of Outstanding Natural Beauty - the support being provided is truly inspiring and very much appreciated.
CARA (Croyde Area Residents Association)
Feb. 18, 2021
David v Goliath - the Court Hearing is fast approaching!
It is now less than two weeks to the Court Hearing.
There has been an extraordinary amount of work generated in the last few weeks on the case and promoting the campaign. The additional time being spent on this case by our lawyers is reflected in the fundraising target.
Parkdean, who is the Interested Party in this High Court action, and their City lawyers are maintaining their path of resistance to the claim.
What Parkdean is fighting for is a planning consent for massive expansion of their hoilday park. This consent was granted unlawfully, by mistake. Parkdean did not apply for this consent and never expected to get it.
What CARA is fighting for is to quash this harmful planning consent so that proper protections for the AONB are restored, the environment is once more at the forefront and proper checks and balances are in place.
Parkdean is the largest operator of holiday parks in the UK and is owned by a Canadian multi billion dollar private equity investment company called Onex Corporation.
CARA is a modest residents association comprising volunteer members of the local community in and around Georgeham Parish which includes the Croyde Village and Bay area of the North Devon Coasts AONB
Its aim is to promote the protection of this Area of Outstanding Natural Beauty for everyone.
We brought this claim because we are committed to achieving a good outcome for the AONB - its landscape and environment, visitors, local communities and their businesses as a whole.
If this claim fails then this beautiful landscape and sensitive environment will be unprotected from the whims of one remote corporate entity who will be able to expand their holiday park at will into large green undeveloped areas of the AONB irrespective of any harm to the landscape, the environment, local communities and visitors.
Your amazing support and good wishes have brought us so far and keep us determined to ensure this precious area is protected for the benefit of all.
Like "David", we remain resolute and undaunted.
With much admiration and appreciation for all your help - we could not do this without you.
As a thank you - we are sending warm wishes your way - with a picture of a glorious sunset over Lundy Island taken from Baggy Point.
Enjoy!
CARA (Croyde Area Residents Association)
Jan. 11, 2021
We are working hard on the Court Case
A lot is going on behind the scenes to ensure that we have the best possible chance of success at the hearing in March.
We have increased the campaign target to reflect additional work on related applications to the Court and the Council that feed into this case and liabilities in relation to the upcoming hearing. We are pleased that the target set remains within the initial ball park figure that we gave at the outset of this case of £40 - 50k.
Please share this webpage with your friends and family and continue to spread news of this campaign. Your support and getting the information out there makes a massive difference and is really appreciated.
Please help us in our attempt to prevent harm to the landscape and the environment of the AONB if Parkdean continues to be permitted to expand the holiday park unchecked.
This is a beautiful area with a wonderful natural environment that is well worth the effort being taken. Let's protect what we can not only for ourselves and each other but future generations.
Here are some pictures taken of the AONB in the Croyde area over the Christmas period. We hope they transmit some peace and tranquillity your way.
CARA (Croyde Area Residents Association)
Nov. 26, 2020
Dates for your diary - 2 and 3 March 2021
We have the dates for the full hearing of this matter before a Judge in the High Court in London.
2 and 3 March 2021!
Thank you so much to everyone who has helped us to get this far. We have raised most of the money to meet our estimated legal costs to see us through the hearing. We are edging ever closer towards meeting our funding target of £35k. Every little contribution helps - however big or small.
We really appreciate the way people have responded to this campaign, their contributions and supportive comments and sharing this webpage with friends and family. You have all really helped to get this case up and running and now we have a court hearing date where a Judge will finally decide if there will be uncontrolled expansion of RUDA Holiday Park in the North Devon Coast AONB.
We have come a long way together. Not much further now.
A heartfelt thank you to you all.
CARA (Croyde Area Residents Association)
Sept. 23, 2020
Roll on the "Rolled Up" hearing!
A Judge has now looked at the papers and has ordered that there be a "Rolled Up" hearing regarding our claim to quash the unlawful and erroneous planning decision made in January 2014 that poses a threat to the North Devon Coast Area of Outstanding Natural Beauty (AONB) and the environment.
This means that there will be a full court hearing before a High Court Judge with all the parties making oral representations.
The Judge's decision on that hearing will determine if our claim has succeeded or failed.
This is the hearing where the future of the AONB in Croyde will be decided.
Thank you for all the wonderful support that has helped us get this far.
Please continue to share this website and spread the word among anyone you know to help us fund this vital legal action to stop harm to the AONB. If each of you could share this page with 5 others that would really help get the message out there.
We are now onto the next stage of the case and the next stage of fundraising.
Watch this space for the date of the court hearing....................................
CARA (Croyde Area Residents Association)
Aug. 31, 2020
A planning error should not be allowed to determine the future of an AONB
The above is one of the comments posted on our funding page. It cuts through the complexities of this case and sums up the sorry situation in a nutshell.
A huge thank you to all of you, whoever you are: holiday makers; day trippers; second homeowners; business owners; residents, who have taken this special place to your hearts and decided to help us in our bid to stop the harm that is coming to this area if we don’t see this action through. It is great to see the growing numbers of people backing this action.
Thank you for supporting CARA in this and for your inspiring comments. Your support is really appreciated.
Our claim to quash the harmful 2014 planning decision was lodged at court in July. The Court has received the responses of North Devon District Council and Parkdean.
We are waiting for a Judge to decide what type of hearing will come next. The Judge can decide:
- to hold a preliminary hearing to consider whether to grant permission for judicial review and deal with Parkdean’s application to strike out the claim; or
- go straight to a full hearing which deals with everything, including our application to quash the harmful planning decision made in 2014.
We anticipate a decision from the Judge in September/October.
In the meantime, thank you once more for your support and please keep spreading the word. The more people who support this action, the louder the message and the stronger we are. Individual actions by many (however big or small) can combine to make a formidable force to help stop harm to the outstanding natural beauty of this area and the environment.
CARA (Croyde Area Residents Association)
Aug. 5, 2020
Parkdean opposes the claim - North District Devon Council does not
We now know that Parkdean are firmly against this legal action and are directing their financial might behind it.
We now have their Grounds for Resistance against our application for Judicial Review to quash a planning decision which unintentionally granted permission to put an uncontrolled number of static and other caravans on significant green field areas in the North Devon Coast AONB, without conditions.
Parkdean has assembled a legal team comprising a Queens Counsel, assisted by another barrister and 3 lawyers from a large City law firm. The Grounds are lengthy and the supporting documentation runs to 100s of pages. This has necessarily led to an increase of our own legal costs and liability for the other sides costs if we lose at this stage.
We have increased the target amount for funding our legal action to prevent harm to the North Devon Area of Outstanding Natural Beauty. This reflects that more funds are now needed to support the case.
CARA is a modest local residents association which does not itself have the funds needed to take this matter on. It is dependent on the generosity and concern of others to help it in protecting this beautiful part of the North Devon Coast.
Please support CARA by donating, if you can, on the CARA’s Crowd Justice web page https://www.crowdjustice.com/case/save-north-devon-coast-aonb/ and copying this email to friends and family. Please also share CARA’s Crowd Justice web page by clicking on the Facebook link found on it and via Twitter and any other social media network that you use.
Many thanks for your support.
CARA (Croyde Area Residents Association)
July 7, 2020
We are on our way!
Thank you so much to everyone who has supported CARA on this. We have reached the initial target to cover estimated costs for the first stage of judicial review proceedings. CARA is incredibly grateful for the swift generosity of people from near and far.
Our solicitors have filed a claim for judicial review at the High Court to quash the harmful 2014 planning decision. The Court papers have been sealed and delivered.
North Devon District Council has indicated that it will consent to judgment.
Parkdean, who owns RUDA Holiday Park, has instructed a large City law firm to represent their interests.
At the end of the first stage of the Judicial Review proceedings a judge will decide on the papers whether to grant permission for a full court hearing. If permission is refused, we can request an oral hearing on this before the judge.
If permission is granted for a full court hearing, we move onto the second stage. The second stage is the substantive court hearing. If we get this far, we will need to raise more funds to cover costs for that second stage of the legal action.
We may need to raise additional funds before then, if matters do not proceed smoothly and estimated costs for the first stage are revised upwards.
We will keep you updated as the matter progresses.
For now, we are on our way in our attempt to remove the threat to the North Devon Coast Area of Outstanding Natural Beauty. Thank you for your interest and support.
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