Background:

Planning permission was recently granted by the Welsh Government for an estate of 110 houses on the green fields at the Pentywyn Road/ Marl Lane junction. Local democracy overturned, yet again, by the Planning Inspectorate appointed by the Welsh Government. As concerned residents, we have to make a stand and challenge the decision by the only way left open to us - statutory review.

This large, speculative development of 110 houses was put forward by Beech Developments to Conwy County Borough Council (“CCBC”) in July 2016. The site is not allocated in the Local Development Plan for a large housing development, The CCBC planning committee looked at all the evidence, including objections from more than 1,300 residents, and found in favour of the residents, refusing planning permission on two occasions in 2017. The developer subsequently appealed to the Welsh Government, and the Inspector they appointed found in the developer’s favour. Deganwy is not alone. Our neighbours in Conwy lost a similar appeal by the same developer in 2016, allowing building to go ahead on another green field site at Sychnant Pass.

No more in Marl!

Why is this case important?

Part of the reason these developments have been granted planning permission is the Welsh Government has revised figures for local authorities’ requirements for a 5 year housing land supply. This is being used by developers to coerce local authorities into allowing unsustainable development on green field sites. This should have been prevented by the dis-application of part of TAN 1, a key Welsh Government planning guideline, which made it much easier for housing developments to get planning permission where a local authority did not have a 5-year housing land supply. Despite this, the Planning Inspector ruled in favour of the development at Pentywyn Road / Marl Lane.

Other counties throughout Wales are facing the same problem. Communities are becoming disillusioned with the whole planning system and question the transparency, fairness and democracy of such a process. The introduction of the Well-Being Future Generations Act 2015 requires new development to be sustainable. The 1,300+ objections to this development were from those who hoped and expected that planning developments would now properly take the community’s health, social, economic and environmental needs into account. The reality has been very different.

We as residents, intend to challenge this decision. This will test the legal application of the Well-Being Future Generations Act 2015 and also the ‘robust’ evidence needed to support a development application, which is now required by new Planning Policy Wales Guidelines (Edition 10, December 2018). We feel that both of these points, among many others, were overlooked during the Appeal process, leading to a flawed and unfair outcome. We are therefore mounting a legal challenge.

There is expense without certainty of outcome, but communities are being put under unsustainable pressure and we feel we no longer have any other alternative in order to obtain justice. Unless we pursue every possible route left open to us, our views, as residents living with the problems of unsustainable development, will never be given the full consideration they deserve.

Funding a legal challenge:

Time is short because a statutory review of the decision to grant planning must be brought within 6 weeks of the date of the decision (February 5th). In this time a case is assessed by lawyers and paper work is prepared and sent to court. This whole process is estimated to cost around £10,000 just to get the case looked at by a Judge. If we are successful, we will need to raise more money in order to continue fighting.

This initial target of £2,500 will help get this case started, already matched by at least this amount form Richard Broyd at Bodysgallen Hall. The stretch target is the further funding estimated to get this case to court.

Any help you can offer, however large or small will be used to fight this injustice.