David Manley QC secures important appeal win against Conwy Borough Council

Important appeal win by David Manley QC for anyone involved with sites in North Wales.

Case Ref:         APP/T6905/A/17/3188912

Case Name:      Land at the corner of Pentywyn Road

Case Date:        05.0.219

This case is important because it addresses head on the effect of the disapplication of Paragraph 6.2 of TAN1 by the Welsh Government’s letter of 18^th July 2016.  The letter removed the advice that “considerable weight” should attach to the lack of a 5 year housing land supply due to the anxiety being caused by speculative housing proposals in North Wales.  Conwy BC’s supply was only 3.1 years and getting worse.  Conwy, in common with a number of other Welsh Authorities, argued that the letter meant that “considerable weight” could not attach, as a matter of principle, to the lack of a 5 year supply.  The Inspector, in allowing the appeal, concluded that the weight to be attached to the supply issue was for him alone and that he attached significant weigh to the need to increase the supply.

The case is also of interest for its approach to heritage issues.  The appeal site was within the setting of Bodysgallen Hall (Grade I), Bodysgallen Registered Park and Gardens (Grade I) and Deganwy Castle SAM.  Both CADW and National Trust Wales lodged objections and such objections formed the basis for Conwy BC’s refusal.  The Inspector rejected the concerns finding no adverse impact.  The case contains a careful review of the proper approach to setting issues.  All in all the decision is a robust piece of work by an independently minded Inspector.