Court overturns council approval for Stepaside holiday park. Poor reasoning cited regarding policy conflict and sustainability.
The council approved Heritage Leisure’s plan late in 2023. The project included lodges, a spa, apartments, stables, and an office. This was for Heritage Park near Stepaside’s ironworks. It was said the plan would create 44 jobs.
The council’s planning committee twice backed the plan, despite officers suggesting refusal both times. Officers said the site was outside a settlement area which violated the Local Development Plan.
The council gave approval believing economic benefits outweighed policy concerns. The application passed with 37 votes in favor, sixteen against, and two abstentions.
After approval, a residents’ group launched a legal challenge, having opposed the original plan. Their challenge targeted the Pembrokeshire County Council (PCC), which leased the park to the developer in 2007.
The court allowed the challenge finding the council gave poor reasons for its decision and questioned their handling of economic benefits. The court felt the council’s handling was unreasonable, even unlawful.
A judge recently ruled against the council, stating their reasoning was inadequate. The ruling stated that it didn’t properly address development in the countryside, and that also sustainability and precedent were not considered.
The judge added key issues were neglected, specifically that the impact on existing sites was ignored. They needed to weigh that impact against economic benefit. The developer’s assessment addressed the latter, but not the former.
The judge highlighted policy concerns, noting that “Countryside and sustainability policies” were affected, which has lasting relevance for future cases. The council endorsed a committee’s decision, however, that committee’s action predated a planning report.
A council spokesperson commented after the hearing. The High Court had made a judgment on application 20/0462/PA. The judge ruled against the council, citing issues with factors considered by councillors related to outweighing policy conflict. The judge therefore nullified the planning permission.
Council officers are now considering appealing this decision, and planning to redetermine the application. This will occur if they don’t appeal the order.