CONTROVERSIAL plans to build 53 homes in Yelland have been legally challenged.
The proposed development, on land just off Allenstyle, has been contentious for nearly four decades, with seven different planning applications submitted for the site since 1974.
But now people living near the site believe the latest application, from Len Tanner, should not be determined on legal grounds.
The application is due to be decided by the plans committee at North Devon Council this afternoon.
But residents in Yelland have already written to the district council to suggest the application doesn't have to be determined if it has been refused at appeal within the last two years.
Councillor Rodney Cann was involved with sending the letter to the council.
He said: “I believe this is the first time the council has had to deal with a case like this.
“It doesn’t have to be considered within two years of a refusal at appeal unless the application has been changed.
“The application hasn’t changed. The applicant has increased the affordable housing but it will still harm the landscape character and the application doesn’t address that.
“There has been a series of opposed applications for this site. Applications have been submitted in 1974, 1976, 1977, 1978, 1985, 1986 and 2012.
“There is a strong case for challenging this application.”
However, North Devon Council said the application is considered to be valid because the revised application includes an increased amount of affordable housing.
The strength of feeling against the proposed development was demonstrated by dozens of people gathering at the site last night.
People gathered to protest while North Devon councillors were on a site visit prior to the plans committee meeting.
The Allenstyle application iss due to be considered at this morning’s planning committee meeting.
Check back to www.northdevonjournal.co.uk later this morning to find out the outcome of the planning application.