Residents may claim for suffering in plans row

THE LONG-RUNNING saga of an East Riding retirement park looks set to rumble on, with residents who are fighting an eviction threat set to make a claim for compensation for their “pain and suffering.”

The threat of further legal action came after Court of Appeal Judges on Thursday dismissed appeals made by Alan Coates, a former resident of Lakeminster Park at Beverley.

The saga began in 2011 when East Riding of Yorkshire Council (ERYC) informed over 70 park home owners that they could be in breach of planning conditions.

The council is taking enforcement action and many have already moved out.

In a statement site owner Lakeminster Park Ltd alleged their case was “dealt a fatal blow” by professional advisors four years ago, who had agreed in a statement that the site had “nil use” in planning terms. They also claimed: “Their action in signing the statement was brought about by the failure of ERYC to disclose the full planning history of Lakeminster Park.”

Residents intended to serve a “letter before action” on the council “to recover damages, to include the pain and suffering incurred over the last six years since enforcement action began”.

They have already issued letters before action on the owner’s legal and planning advisers for their alleged “professional negligence in the conduct of the planning issues at Lakeminster Park which has resulted in the site losing its planning permission”.

It added: “The issues of Lakeminster Park are, therefore, not at an end, but rather civil courts will now be requested to compensate both the residents and the developer for the tortious actions of ERYC and professional advisers.”

The owner said it would also take a QC’s advice on whether to appeal the Court of Appeal’s ruling against Mr Coates to the Supreme Court.

On Thursday the council said it respected the Court of Appeal’s judgement and would continue taking enforcement action against the owner.