A LEGAL challenge to reverse the changes to Newton Abbot’s Queen Street is at 'end of the road', the association spearheading the challenge has said.
Having received advice back from its appointed barristers, the Queen Street Traders and Residents Association (QSTAR) has said its legal challenge to reverse the changes implemented under the joint Devon County County (DCC) and Teignbridge District Council (TDC) venture now appears unfeasible.
The association said that mounting a legal challenge to force a reversal of the pedestrianisation of Queen Street based on legal errors and the unrealistic cost of fighting the councils ‘appears unfeasible’.
In a statement posted to the ‘Save Queen Street’ Facebook page, QSTAR said: ‘It was noted that the bar for the consultation process was set so low that it was easily met by the councils who, despite the final consultation demonstrating strong opposition to parts of the scheme, they chose to ignore this.
‘It was also noted that the committee took it in good faith that air quality would improve in Newton Abbot although there was no statistical evidence presented to back this up’
‘Some elements of the scheme cannot even be considered by the barrister until the scheme is actually completed. It therefore seems unreasonable to ask traders, many of whom are already suffering from a reduction in trade, to back the cost of further legal advice.
‘Regretfully, it therefore appears to be the end of the road for the legal challenge.
QSTAR said it was ‘extremely disappointing’ at the outcome and that ‘all lines of challenge have been fully considered’.
Cllr David Palethorpe, Executive Member for Economic Development on TDC, said: ‘Their own barrister has recognised that basically, and I’m sure they looked through all the processes that were carried out, has come to the conclusion that their advice is not to proceed as it would be unsuccessful.
‘People are absolutely entitled to challenge something they don't agree with - that’s democracy.
‘I have no problem with that whatsoever.
‘So I suppose now it’s just a question of being very optimistic with the Queen Street traders we have met with, they recognise the reality that it is happening and they now want to be very optimistic and positive and moving forward get the work done as quickly as possible so they can redevelop and expand their businesses across the whole town.’
Leader of the South Devon Alliance, Cllr Richard Daws, said: ‘If nothing else the barristers opinion verified that TDC and DCC were aware that the removal of parking and access were objected to strongly, and that the air quality impact in Newton Abbot has never been properly assessed.
‘The sad truth is TDC and DCC chose to ignore all the reasonable concerns and proceeded with a vanity project that has failed spectacularly in neighbouring towns.
‘Those responsible will need to bear responsibility for their decisions and the impact these will have on people's livelihoods and the future of Newton Abbot.’