Plans by Teignbridge Council to slap a compulsory purchase order on the defunct Toby Jug Inn, Bickington, hit an 11th-hour snag this week. A letter from solicitors for Heavitree Brewery, which owns the pub, claimed the authority was putting the cart before the horse in wanting to buy it. Ford Simey's letter maintained that no analysis of the merits of the proposed CPO acquisition in the terms of powers to be exercised had been made. It referred to justification for their use by reference to the relevant national and local policy, compensation issues and financial implications for the council. The letter contended that before appropriate analysis was undertaken, a CPO was unreasonable and challengeable. 'The absence of detail should cause very significant concern given that the council could, on the basis of its own risk analysis, be left with an undeveloped and undevelopable site in the event of failure,' it went on. The solicitors added that it was understandable that Heavitree was aggrieved that it appeared that the council was pre-disposed to exercise its statutory powers to favour a competing operator. 'We are firmly instructed that our client intends to object to any CPO, should the council confirm that one is to be made,' the letter stressed. It also warned that the brewery would seek to recover its costs from the council should its objection succeed and the CPO be not confirmed. On Wednesday, the council's executive was being recommended to go ahead with the CPO in the absence of any firm proposals from the brewery to re-open the pub. This followed the executive's November meeting, when it indicated it would support a CPO. That was subject to the necessary agreements being reached with a purchaser for the public house element of the scheme, and the Save the Toby Jug Action Group providing evidence of the necessary external funding to achieve the social and community objectives outlined in its own report. The executive also wanted the Wykeham Group to indemnify the council of all costs, and be subject to a full report being prepared for the next executive setting out the council's CPO powers, the justification for their use, compensation issues and the financial implications for the district authority. The Wykeham Group, which is involved in property development and investment as well as leisure, has confirmed that it would be prepared to enter a contractual commitment/obligation to purchase the property. Council leader Cllr Alan Connett said the letter had been received since the report was prepared. 'The letter concludes that the solicitors base their letter on expert counsel advice. 'One would assume all counsel advice would be expert,' he quipped. Cllr Jeremy Christophers, one of the leaders of the campaign for re-opening the Toby Jug, said it was disappointing that Heavitree had left it until so late in the day to say it was considering a viable option after waiting three years. 'What we want is what is best for Bickington,' he said. In light of the information, the executive deferred the matter until its next meeting for a more detailed report. Cllr Connett said he hoped that during that period that Heavitree would consider the viable options open to it.
