South Hams District Council said it appreciated the strength of feeling around and sought internal and external legal advice before confirming that the order had now expired. This was reported in the Totnes Times here. SHDC issue a statement which states: 

“This latest update from SHDC means that the proposed development, which was approved by the Community Right to Build Order, cannot now go-ahead without a planning application … Totnes Community Development Society, had hoped that submitting a reserve matters application for appearance, landscaping, layout and scale, would stop the order from expiring. However, South Hams District Council has now confirmed that this is not the case.

Cllr Judy Pearce, Leader of South Hams District Council said: “To date no physical start on site has taken place. It is a real shame that this site has not come forward as a Community Development Site as was intended, and sadly this is beyond the council’s control … The expectation for the site in the adopted Joint Local Plan still supports a mixed use development on the site, including sensitive design, respect for the setting of heritage assets and habitat enhancement and address any constraints such as flooding or contamination.”