What did TCDS do when it heard the site had been sold?

In February 2019, when TCDS heard the site had been leased to Fastglobe (they learned it had been sold in March 2021), they tried to speak to Saputo, who made it clear that it was no longer their concern and that they should speak to Fastglobe. Fastglobe refused to speak to TCDS and passed them on to their ‘agent’ Patrick Gillies. TCDS contacted Patrick Gillies to say they would be happy to meet but asking for clarification of his role (given he had acted at certain points for McCarthy and Stone, Saputo, Dairy CRest and Fastglobe). He was unable to offer this clarification and so was impossible to establish on which grounds TCDS would be dealing with him on. TCDS then took legal advice and issued a letter prior to action to let all stakeholders know their intentions. They subsequently commissioned a more detailed examination of the legal case which said that whilst they may have a case to pursue against Saputo for breach of contract, taking Saputo to court would be very costly and if their intention was to realise the project, it would be more appropriate to pursue the upholding of the CRtBO legislation.

TCDS are currently, in the light of new information, reviewing this advice.  TCDS then set about building a legal case for moving the development forward which concluded in a letter to SHDC asking them to uphold the CRtBO as enshrined in the JLP, to which they responded:  “The Council as the local planning authority will always give the Joint Local Plan policies primacy in accordance with s38(6) of the 2004 Act.  Any proposal [for the Atmos site] must address these polices, in particular TTV22, and unless the applicant can demonstrate to the Council that there are material considerations which justify departure from these polices to the Council it is unlikely an alternative scheme would be supported”.  This affirmation that the Joint Local Plan will be upheld in its entirety is very important in safeguarding the site from alternative inferior proposals.

Is the Atmos Totnes Scheme ready to build?

Yes. The Atmos Totnes Process has achieved Planning Permission for the site through a Made Community Right to Build Order, which was won through a thorough and innovative community consultation process leading to a referendum. A comprehensive phasing plan has been drawn up and the design team have all the technical design, engineering drawings and supply chain ready to start building in accordance with the strict licensing and phasing that exists on the site.

Can communities really become developers?

Absolutely they can. There are amazing examples of community-led housing, such as, locally, Transition Homes in Totnes, the Broadhempston Community Land Trust housing scheme and the community housing scheme in East Portlemouth. In terms of something on the scale of ambition of Atmos Totnes, possibly the best example in the UK is Coin Street Community Builders (CSCB) in London.
Since its creation in 1984, emerging out of a community campaign against a huge commercial office development on the South Bank in London, CSCB redeveloped the Oxo Tower Wharf, Gabriel's Wharf, Bernie Spain Gardens and set up four housing co-operatives. The housing co-operatives are housed in new buildings commissioned by CSCB. In 2007, CSCB occupied new offices at the Coin Street neighbourhood centre, also designed by Haworth Tompkins. As well as offices the building includes a day nursery and crèche, conference and meeting facilities. CSCB also offers a variety of community programmes for people of all ages including youth clubs, sports and dance sessions and family and children's activities. The entire development is in community ownership.

Do we know how much was paid for the site?

TCDS had finalised a contract with Dairy Crest which would see their being paid £460,000 up front (a price agreed by both parties based on an independent site valuation by JLL) and around £5 million based on an ‘overage’ agreement for the part of the site where a retirement complex is to go. Patrick Gilles and Fastglobe were, behind the scenes, invited to offer £1.35 million, a price that was never offered to TCDS to match as the holders of the option agreement with Saputo. A classic case of one marshmallow now rather than three marshmallows later.

Its a done deal. Isn't it too late?

Following the announcement of the sale of the site to Fastglobe/Patrick Gillies, TCDS is looking at their legal position with fresh advice. They have sought the support of their MP to enforce the terms of the Localism Act because it is important to remember that what TCDS have done with Atmos Totnes is the most comprehensive use of those powers done by any community in the UK. They are also exploring other solutions with South Hams District Council. Their main objective is that the Atmos scheme that this community designed and voted for is delivered for this community.

What is going to happen to the Brunel building
and the £2.5 million of Lottery cash?

The £2.5 million is tied to Totnes Community Development Society and is not transferable. It is also an integral part of the Atmos scheme which TCDS was set up to deliver, and will deliver. The National Lottery Heritage Fund are very sympathetic to the situation TCDS have been thrown into and continue holding this for them as they work to secure the site.

What happens now?

Following the announcement of the sale of the site to Fastglobe/Patrick Gillies, TCDS is looking at their legal position with fresh advice. They have sought the support of their MP to enforce the terms of the Localism Act because it is important to remember that what TCDS have done with Atmos Totnes is the most comprehensive use of those powers done by any community in the UK. They are also exploring other solutions with South Hams District Council. Their main objective is that the Atmos scheme that this community designed and voted for is delivered for this community.

What would a watered down Atmos Plan look like?

What we do know is that their version will need to have a healthy profit margin designed into it, and from what Gillies has said, it will include an element of tourism. It will not include the many elements designed by this community based on their needs. It will be a pale imitation of the Atmos scheme. It is important also to note that the very fact that it needs to be as ‘Atmos-like’ as possible in order to have any chance at all of a planning consent, means that it is drawing on (a polite way of saying stealing) the intellectual property of the people of this town, developed using over £800,000 raised by local people, as well as tens of thousands of hours of community input. It will be a mere shadow of what Atmos has shown to be entirely possible. But hey "It's just business".

Send us your question

We're here to clarify any questions that you haven't yet found an answer to on this website. Do get in touch and we'll do our best to find the answer to your question. Thanks.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Keep the heart in Totnes

Keep in the loop with our short newsletter - Including news, views, art and resources.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.