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FRESH plans for a Pembrokeshire holiday park extension have been submitted after a high court judgement overturned a council approval against repeated officer recommendations for refusal.
In late 2023 councillors approved a contentious application by Heritage Leisure Development (Wales) Ltd for works including the installation of 48 bases for holiday lodges, a spa facility at a former pub, holiday apartments, a café and cycle hire, equestrian stables, a manège and an associated office at Heritage Park, Pleasant Valley/Stepaside.
It was said the scheme, next to the historic remains of the 19th century Stepaside ironworks and colliery, would create 44 jobs.
The final decision was made at full council after members of the planning committee had twice supported the scheme against officer recommendations of refusal, based on the Local Development Plan, included the site being outside a settlement area.
Approval was given, by 37 votes to 16, with two abstentions, as it was considered that greater weight should be afforded to economic benefits of the scheme rather than policy.
Since that approval, a successful legal challenge was launched by Stepaside & Pleasant Valley Residents' Group (SPVRG Ltd), who had objected to the original application.
A March High Court hearing presided by Judge Jarman KC recently ruled against the council decision, quashing that approval, and saying 'the reason given by the council did not deal adequately with the important principal issues of development in the countryside, sustainability and precedent'.
It added: 'Nor did it deal adequately with the important principal issue of the extent to which detrimental impact on existing sites was or should be taken into account when weighing the economic benefit of the proposed development. The economic assessment of the interested party expressly dealt with the latter, but not the former.'
It said the 'major departure from countryside and sustainability policies is likely to have a lasting relevance for the question of policy in future cases,' and the 'council's resolution [was] simply to endorse the resolution of the planning committee, which predated the fuller report of the head of planning to the council.'
A fresh application has now been submitted by Heritage Leisure Development (Wales) Ltd, through agent Lichfields, which is identical to that previously approved, aimed at addressing issues raised in the recent judgement.
In its lengthy submissions, Lichfields says 'it is clear that members can reach a decision that is contrary to the development plan without setting a precedent'.
It adds: 'However, given that there remains a conflict with the plan policies, there is also a need to consider the nature of the 2024 scheme that comprise unique circumstances that mean that the decision would not set a precedent.'
Listing a long list of 'unique circumstances' reasons, it says: 'Together the application offers a unique development which, when considered in its entirety, is a bespoke offering that means that there are specific reasons why the proposed development at Heritage Park should be granted and that in doing so, this will not be setting a precedent for future decisions.'
It finishes: 'The council has already granted planning permission for the development with members having grappled with many of the issues raised in the judgment. We would welcome the council reaching the same decision while also setting out the requirements raised in the judgment as part of the reasons for granting planning permission.
'This will ensure that there can be no further delays to the delivery of the proposed development and investment being made at Heritage Park while supporting the wider economic development and community offer for the local area and Pembrokeshire as a whole.'
Amroth Community Council has once again objected; councillors proposing the scheme be 'called in' for decision by Welsh Government organisation Planning and Environment Decisions Wales (PEDW).
The latest application will be considered by county planners at a later date.
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