A developer has denied claims it may be in breach of planning controls by starting infrastructure work on a controversial scheme for 1,200 homes in Devon.

Teignbridge District Council previously issued a stop notice to Vistry Homes in April which has now expired and the developer has restarted work on the Wolborough site in Newton Abbot.

The council is “urgently seeking further clarification on whether restarting these works breaches planning control” and will consider taking “appropriate enforcement action”.

Vistry Homes said it was working within its planning consent and was several hundred metres away from Wolborough Fen, a site of special scientific interest (SSSI).

Richard Daws, an Independent councillor for the Ambrook ward, has consistently fought against the Wolborough development.

He said: “The developer is proceeding without demonstrating, with a body of evidence, that its works will not adversely affect a site of special scientific interest, the Wolborough Fen.

“There is the highest level of environmental protection in place on the fen which is unique locally and nationally as well.”

Devon Wildlife Trust, which manages the Wolborough Fen site, said it was “a really important habitat that had built up over thousands of years”.

CEO of the charity, Nick Bruce-White, said the site was home to more than 175 species of plants including several which are only found in Devon.

He said: “It’s afforded the highest protection in law which is why we’re so concerned about the potential impact of the development nearby.”

Outline planning permission was granted by the planning inspector in 2021 for 1,200 homes, a school and two care homes.

Peter Sadler, managing director of Vistry South West, said: “We are working in line with the planning conditions that have been put in place.

“We have temporary protection along the catchment area for the fen and we are not working inside that.”

Mr Sadler said at the closest point the groundworks would be at least 200m (650ft) away from the fen.

He said the first 94 homes to be built on the Wolborough site would be “affordable” and built in conjunction with Plymouth Community Homes.

He added: “We want to keep communication open with Teignbridge and collectively we want to work with them to deliver the very best scheme we possibly can.”

Teignbridge District Council issued a statement which said it had “received initial independent legal advice but is urgently seeking further clarification on whether restarting these works breaches planning control”.

It said the developer was carrying out work “entirely at their own risk”.

The statement added: “If considered necessary and reasonable, the council will consider taking appropriate enforcement action following receipt of the further legal clarification.”