The founder of the White Stuff fashion and lifestyle brand has submitted new evidence to support his claim to enable him to keep a building, skate park and tennis court he built without permission in a Devon beauty spot.

Millionaire fashion boss Sean Thomas had built a two-storey double garage on farmland behind his house at Gerston Point in the South Hams, a site is in the South Devon Area of Outstanding Natural Beauty and alongside the Salcombe to Kingsbridge Estuary Site of Special Scientific Interest.

Mr Thomas and his wife subsequently acquired an adjoining strip of agricultural land and on that, built a tennis court, skate park and garage without planning permission.

But after complaints from residents, an initial retrospective planning application for the unauthorised additions to the house was refused in 2019.

In April 2020, Mr Thomas submitted new plans – this time with the new planting of over 1,000 native trees to ensure there will be a ‘clear net biodiversity’ gain, but in November 2020, South Hams District Council planners once again refused the scheme.

They had passed the application over to the enforcement team to commence formal enforcement action and serve notice with regards to returning the land to its former condition, including the removal of the building and engineering operations undertaken to provide a tennis court and skate ramp facility.

But now, Mr Thomas has applied for a Certificate of Lawfulness for the development on the ground that the time limit for taking enforcement action has passed.

Under the Town and Country Planning Act 1990, the application says that the time limits for taking enforcement action in the case of operational development the time limit is four years.

A planning statement submitted on behalf of Mr Thomas says that the construction works, including the substantial engineering works to lower the ground levels and construct retaining walls together with building works including the construction of an outbuilding, tennis court and in-ground skate bowl, were substantially completed by May 2016.

It adds: “The operational development comprising of the construction of the outbuilding, tennis court and skate bowl together with associated engineering operations (including substantial excavation works to lower ground levels and the construction of retaining walls) are therefore lawful as the 1990 Act.

“It is therefore concluded that on the balance of probabilities, in accordance with Section 191(1)(b) of the Town and Country Planning Act 1990), the operational development that has been carried out comprising of the construction of the outbuilding, tennis court and skate bowl are lawful and a Certificate should therefore be granted.”

South Hams District Council planners will determine the fate of the application at a later date.

They had previously refused the application on the grounds that the development still represents an unwelcome and incongruous intrusion into an undeveloped countryside location and the development fails to conserve and enhance the natural beauty and special qualities of the South Devon AONB.