CAMPAIGNERS are refusing to back down over a development which they claim is going ahead without the necessary backing of the planning inspector.

For three years, residents Brian Roberts and Stephen Brown have submitted written evidence to planning authority Sedgemoor District Council which they claim shows that development on land south of Durleigh Road is illegal.

They say an independent inspector’s examination report provides no evidence to confirm that he has justified or sanctioned development on the land.

Without this, it is claimed, the council has no legal authority to approve planning permission for 120 homes or approve road access across the ‘fair field’ or St Matthew’s Field.

Work has started on the access road to the new development which is being built by Summerfield Developments.

In a statement to the Mercury the two campaigners say: “Sedgemoor [council] has deliberately ignored the restraint policies that have been carried forward from previous local plans by the Inspector.

“These restraints that protect the community and the environment continue to remain in force and prevent legal development on land south of Durleigh Road including preventing the access across the ‘fair field’ or St Matthew’s Field.

“The council does not have the legal authority to approve development on this land because the land is outside the urban boundary and development approval is beyond the council’s legal remit.”

However the district council’s legal team rejects all the claims the pair make.

In a statement issued to the Mercury, spokesman Claire Faun said: “The council has, on numerous occasions, written to Stephen Brown and Brian Roberts explaining that the council simply does not agree with their assertions.

“However, despite having had ample opportunity to have challenged the council through the legal system Mr Brown and Mr Roberts have failed to do so and simply continue to make the same assertions.

“They have exhausted the council’s complaints procedure (including referring the matter to the Local Government Ombudsman) and at no stage has their complaint been upheld.

“The council’s Core Strategy includes proposed development on land south of Durleigh Road.

Before the Core Strategy could be adopted, it had to be approved by an independent planning inspector following a full public enquiry.

“The inspector in his report confirmed that he considered the council’s Core Strategy to be sound, subject to one change which did not relate to this land.”

The fact that land south of Durleigh Road is included in the Core Strategy has been confirmed in a letter from the Planning Inspectorate dated July 21, 2014, which states that the adopted Sedgemoor Core Strategy includes at paragraph 6.9 Land South of Durleigh Road adjacent to Meads Ecological Park" for housing.

The council statement adds: “A copy of this letter has been circulated to Mr Roberts and Mr Brown whose comments to the contrary are therefore completely unfounded.

“The Core Strategy which includes potential development on land south of Durleigh Road, was approved by the Inspector.

“There was a six-week period for challenging the Core Strategy through the courts. No challenge was received.

The Core Strategy was therefore adopted by the Council in 2011.

“In the circumstances Sedgemoor has full legal authority to approve development on this land.” In relation to the fair field, the council says as the owner it has full authority to sell a small part of that it, and it is not subject to any trust which prevented its sale.

The council spokesman added: “The council appreciates that this is a controversial development.

“However, the legal position is that the planning permissions that have been issued on this land are in accordance with the Sedgemoor Core Strategy and are lawful.

To say otherwise is entirely incorrect.”