PLANS by Teignbridge Council to turn a former car lot into public open space in #Bank Street, Newton Abbot, have gone out of the window. The district authority slapped a compulsory purchase order on the site, at the corner of Bank and Market streets, but that has been over-turned following an appeal by Noon Associates. The secretary of state has accepted the inspector Phil Grainger's recommendation not to confirm the order after a day-long public inquiry in February. Teignbridge had wanted to transform the .0321 hectares of land with a high standard of landscaping to provide an attractive townscape feature. It was to link in with pedestrian works in Wolborough and Bank Streets acting as a public open space as a draw from the new Asda development to the town centre, and would have cost around £75,000. The land is designated as public open space in the Adopted Local Plan, now five years past its sell-by date. At the inquiry, barrister Gavin Collett had maintained the open space could become a sink for undesirables, with increased problems of damage and vandalism. The area was virtually surrounded by five public houses and a licensed club, and it could lead to increased levels of anti-social behaviour. The company wants to build shops there with a dozen flats above, and contended that this would attract people towards the town. In his findings, Mr Grainger said negotiations to purchase the land voluntarily had been unsuccessful. Though the land was allocated as public open space in the Local Plan, this was now five years beyond its end date, while the intended review was abandoned at an early stage. 'This deprived the owner, Patricia Noon, of the opportunity to object to the proposed allocation and have the matter heard by an independent inspector. 'At the time of the review it was expected that the supermarket would be in a different location and the pattern of shopping activity would have been very different,' he says. His findings continued that while laying the area out as open space would be a visual improvement, Mr Grainger considered that a considerable visual enhancement of the street scene could also be achieved of erecting a building of an appropriate design. 'That could have some benefits over an open space in that it would conceal the flank walls of the adjacent buildings on Market and Bank Streets,' continued Mr Grainger, who said there was now no clear and overriding need for additional public open space in the area. He pointed out that submitting an application was not a guarantee that a viable scheme could be produced, especially in a prominent location next to a listed building and a particularly high quality building was likely to be required. 'Despite its apparently advantageous position in relation to the supermarket, I have not therefore taken for granted that a satisfactory and viable scheme will be forthcoming.' Mr Grainger said the council had not argued strongly enough that no viable scheme would be put forward. 'It is agreed that acquisition of the order land is not essential to the completion of the supermarket development or the pedestrianisation works that complement it. Any benefit to the free and safe flow of pedestrians that would result from its acquisition would also in my judgement be very modest,' said Mr Grainger. In a statement, Michelle Kenney, Teignbridge Council's media officer, said that while the council was disappointed that the CPO was not confirmed, it was pleased that the inspector had suggested that part of the site was appropriate for a high quality development reflecting the importance of the Passmore Edwards building opposite. 'The decision makes it clear that if a suitable development does not come forward, the council would be justified in making a further order to acquire the land compulsorily,' she said.