A DISGRUNTLED group of residents in Hope Cove, who are unhappy with South Hams Council's decision to approve the development at the Sun Bay Hotel, say they still hope to challenge the decision.

Dr Barbara Anderson said: 'My house lies directly above the proposed 11m deep excavations, about 3m from my boundary, that threaten to undermine my house and garden.

'These excavations will also similarly affect three other properties on the same boundary.

In a letter to the Gazette this week she says: 'In the planning proposal, this concern, along with most other infrastructure issues was dismissed or inadequately addressed by the committee.

'Such are the concerns of the local residents – as illustrated by the resignation of four parish councillors – that a group of us have felt obliged to formally advise the council that it is our intention to challenge the decision.

'We are keenly awaiting their response and guidance as to how to proceed.'

But this week a South Hams Council spokesman said: 'I am afraid there is no right of appeal against this decision for third parties.

'However, there are further steps that can be taken.

'If you think that the process that the council adopted amounted to maladministration, that is to say that the process was not done properly, you can complain to the Local Government Ombudsman.

'The way to do that is explained on the website: http://www.lgo.org.uk">www.lgo.org.uk.

'The Ombudsman requires that you make a formal complaint to this council first, so that we can try to arrange local resolution.

'Under our complaints procedure, which you can see on our website at www.

southhams.gov.uk, you should write to Marion Playle, head of planning, economy and community, South Hams District Council, Follaton House, Plymouth Road, Totnes, TQ9 5NE.

'If you think that the process that the council adopted was unlawful, you may consider applying for judicial review of the decision, which may result in an order from the court that the council go through the process again.

'We recommend that you take legal advice before doing so.

'Finally, if you think that one of the councillors failed to comply with the council's code of conduct for elected members, you may make a complaint to the council's standards committee.

The code and the method of complaining are on our website at http://www.southhams.gov.uk">www.southhams.gov.uk.'