A long-running dispute over an NHS drive-through vaccination centre in Devon is heading toward a High Court showdown after the site owners confirmed they have lodged a legal challenge following an unsuccessful planning appeal.
Greendale Farm Shop, near Clyst St Mary, said it is escalating the case after the Planning Inspectorate upheld an enforcement notice requiring the controversial building to be removed and the land returned to agricultural use.
Legal Challenge Filed After Appeal Loss
A spokesperson for Greendale confirmed the business disagrees with the Planning Inspectorate’s ruling on legal grounds and has now formally submitted a High Court challenge.
“The NHS wants to stay put and they have a lease on the building,” the spokesperson said. “We made our appeal to the Planning Inspectorate under four grounds and we don’t believe all of those have been made reference to in the decision notice.”
The move marks the latest development in a planning dispute that has been ongoing for several years.
Planning Row Over Replacement Structure
According to official planning documents, the controversy began when a former chicken shed on the site was removed and replaced with a larger structure that planners say exceeded permitted development rights.
In 2023, Greendale applied for retrospective permission to retain the building. However, East Devon District Council refused the application, arguing the site sits outside the designated development boundary and lacked sufficient evidence of need.
The Planning Inspectorate later backed the council’s position, prompting the local authority to issue an enforcement notice ordering the building’s removal.
Inspectorate Upholds Enforcement Notice
Greendale appealed the enforcement action, but in a decision issued in late January, the Planning Inspectorate again sided with East Devon District Council.
The ruling means the drive-through vaccination centre building must be dismantled unless the High Court challenge succeeds.
Council planners described the structure as “unjustified and unsustainable development in the countryside,” arguing the facility’s reliance on car access conflicts with policies encouraging sustainable transport.
Officials concluded that environmental harm from the development outweighed the social benefits of maintaining a permanent NHS vaccination facility at the site.
NHS Use and Lease Uncertainty
The disputed building currently hosts an NHS drive-through vaccination service, separate from a larger nearby facility at Greendale Business Park that was heavily used during the Covid-19 pandemic.
That larger building now houses an alternative health provider and has full planning permission.
Planning documents indicate the NHS lease on the smaller drive-through site runs until March 2026, although it remains unclear whether an extension is being considered. The NHS has not publicly commented on the latest developments.
Wider Planning Context
East Devon’s case partly rests on the site’s countryside location outside recognised development boundaries. However, the building sits only metres from the busy Greendale Farm Shop and Café and close to the Mud-Ventures play facility.
In a separate earlier case involving Mud-Ventures, the Planning Inspectorate ruled in favour of the development despite similar council concerns, noting limited additional traffic impact.
In the vaccination centre dispute, however, inspectors concluded the applicants had not demonstrated the service could not be delivered from a more suitable location.
What Happens Next
The High Court challenge will focus on whether the Planning Inspectorate properly considered all grounds raised by Greendale. If the court agrees to hear the case, it could prolong uncertainty over the future of the vaccination site.
The outcome may also carry wider implications for rural healthcare facilities and permitted development rights, particularly where temporary pandemic infrastructure has evolved into longer-term use.
For now, the enforcement notice stands — but the final decision may ultimately rest with the High Court.
