ELDERLY residents face being evicted from their £200k homes after being “mis-sold” properties without the correct planning permission.
The vulnerable locals living at Devon Oaks in Dartmoor, Devon, now fear becoming homeless just weeks before Christmas.
The “illegitimate” homes were marketed by the sellers as “main residences”, despite the firm not having the legal rights to do so.
Residents claim they are innocent parties in a planning row between the original landowner and the council.
The twenty static homes – situated by the River Walkham – did not have the correct planning consent to be permanent homes.
And the go-ahead has now been given for enforcement action to remove residents’ right to stay all year round in the park homes.
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But campaigners claim the homes were all sold and let as full-time residential properties.
They pointed to the fact they bought the properties on the basis they could live in them for 11 months of the year.
Their contracts could be extended to 12 months with a 35 year lease and confirm they could be used as the owner’s only home, they claim.
But they later discovered the site only held an eight-month “holiday” planning designation, allowing a maximum stays of 28 days.
Dartmoor National Park (DNP) planning authority has now agreed “with a heavy heart” to allow officials to move forward with enforcement action.
But residents have since been granted a further meeting with the enforcement team to plead their case.
Several have pleaded for a “fair solution” to the situation and described being fed a “pack of lies” by sellers.
Peter Birdsall, 76, and his wife Jane, 75, paid £206k for their home almost two years ago.
Peter said: “Initially it was very good – but now we’ve found out we’ve been told a pack of lies.
“This could make us homeless – we have no money to buy another property.
“We put the money from our previous house and our savings into this. I love living here. This was going to be our last destination in life.
“We’re out in the countryside, which is lovely, and it’s a lovely community. We don’t want to go from here, but now we may have to.
“All because someone’s sold us a pack of lies. I’m hoping we can sort something out with the National Park planning.
“It’s constantly playing on our nerves. We don’t know where we’re going to end up.
“We’re being punished far too much by the DNP – we bought this place in good faith, and we were sold a pack of lies.”
Jane added: “The owner of the park can come in and do whatever he wants – he’ll still have the park, but we’ll be without a home.”
Fellow residents, Kerry and Susan Fice, both 74, have lived there for three years.
Kerry spoke frankly of the couple’s fears of being “in the firing line” with just weeks to go before Christmas.
He said: “What a time for this to be happening – just before Christmas.
“Since this has started, we have suffered with stress quite a bit, because we just don’t know what’s going on.
“We, in good faith, signed a contract with the landowner for 11 months.
“Dartmoor National Park knew the land owner was selling these properties four or five years ago with an 11 month period…
“…they’ve done nothing about that. We’re in the middle and we’re getting the brunt because the landowner overstepped the permitted planning.
“We’re in the firing line and it’s really unfair. There’s been no empathy.”
Susan added: “As far as we were concerned, we signed a license for the 11 months… we were told that it was very likely that they’d get residential.
“We had a meeting a few weeks ago at Dartmoor National Park head office… a lot of the members were heavy-hearted when they did vote.
“I don’t believe they wanted to, but because of the policy, I believe they had to. A few ladies that live here were crying – it really wasn’t nice.
“A lot of them were sorry, and I don’t understand why they had to do why they did.
“Even if they made it eight months that we could stay for – we can’t finance that sort of period of time.
“Where would we go? It’s just not a viable situation to be in. We’re struggling to find ways to get around this.”
Chris Griffiths, leader of the residents’ campaign, said the uncertainty and threat of losing their homes has had a huge impact on the community.
He said: “Many of them are elderly, vulnerable, and long-standing contributors to the local community.
“But they are now facing the threat of losing their homes as a result of a planning situation they did not create.
“The residents of Devon Oaks are clear: they will not be quietly displaced, they will not be blamed for a breach they did not cause.
“They will not allow a National Park to claim homelessness, financial ruin and community destruction represent an acceptable planning outcome.”
“Why are innocent residents bearing the consequences of mis-selling and official inaction?”
Chris said homeowners had now secured a further meeting to present their proposed solution.
It was only agreed following a tense meeting with DNP Planning Enforcement Officers this week.
Residents claim their solution would “avoid homelessness, protect the landscape and cost the taxpayer nothing”.
He added: “The crisis at Devon Oaks was not caused by residents.
“These practices continued for years, including during the period when the Planning Authority was aware of the situation but took no action.
“During this time, people invested life savings, relocated, and embedded themselves into the community, believing the site to be legitimate.
“The current enforcement approach risks punishing the only innocent group involved.
“Instead of acting against the party that caused the breach, the authority has indicated an intention to pursue action that could force homeowners from their properties…
“…despite widespread agreement among planners, lawyers, elected members, and the public that such an outcome would be indefensible.”
The DNP planning meeting heard despite a series of appeal decisions and court judgements, the authority had been unable to resolve the issue.
Members heard there was “no prospect” of doing so without taking enforcement action.
They agreed to authorise their planning officers to enforce the rules “with heavy hearts“.
Cllr Michael Fife-Cook called the situation “a disaster” that needed to be discussed with “humanity”.
He also described it as “crazy” that a solution could not be found to let these people stay in their homes.
Dartmoor National Park Authority said the meeting explained the planning committee’s decision to take appropriate legal action to stop the land being used in an unauthorised way.
A spokesperson said: “We advised residents that submitting a planning application to regularise site use remains an option for the landowner or for residents.
“As yet, no such application has been submitted.
“Any application would be subject to the usual planning, consultation and decision-making processes.”
DNPA explained that since 2018, a number of planning applications, appeals and court hearings have highlighted various breaches of condition and unauthorised developments at the site.
“During that period, the High Court and Court of Appeal ruled in favour of the authority and against the landowner,” it said.
“The responsibility for ensuring development complies with legislation and planning policy lies with the landowner.
“In this particular case, we’ve been working hard to address what is a complex legal and planning matter.
“We’re doing it with sensitivity and compassion for the people who live there.”
The owners of Barton Park Homes have not yet responded to an invitation to comment.
