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Local Government

High Court strikes down Moylgrove adventure hub approval

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Pupping grey seals need protecting – Planning Court rules National Park decision unlawful in landmark ruling

THE HIGH COURT has quashed planning permission for an outdoor adventure centre at Moylgrove, declaring the decision of Pembrokeshire Coast National Park Authority unlawful because of environmental concerns.

The case was heard in June by the Planning Court of the High Court, sitting at Haverfordwest. On Friday (Sept 5), Mr Justice Eyre delivered his written judgment in the case brought by the conservation group Wild Justice, supported by local residents. The ruling overturns the Authority’s October 2024 decision to allow development of an adventure hub at the Old Bus Depot, Moylgrove, with planned coasteering, kayaking and other activities at nearby Ceibwr Bay.

Campaigners from Wild Justice at Haverfordwest Court back in June (Image: WJ)

Protected wildlife site

Ceibwr Bay is one of Pembrokeshire’s most sensitive coastal locations. It forms part of the Cardigan Bay Special Area of Conservation (SAC), the Pembrokeshire Marine SAC, and the West Wales Marine SAC, and is also designated as the Aberarth–Carreg Wylan Site of Special Scientific Interest (SSSI).

The bay is home to pupping grey seals, otters, razorbills, guillemots, fulmars, choughs and kestrels. Campaigners argued that increased recreational use risked disturbing these protected species and damaging fragile habitats.

Wild Justice claimed the planning process was procedurally flawed, that key environmental information was missing, and that mitigation measures such as an Access Management Plan were inadequate. The group also said the Authority unlawfully sought to balance the educational and tourism benefits of the scheme against the risks to wildlife, when the law requires strict protection.

The judgment

Ruling was handed down today: Mr Justice Eyre

In his ruling, Mr Justice Eyre accepted that the planning permission had not been lawfully granted. The judgment means the permission is quashed and the development cannot go ahead unless a fresh application is submitted and properly assessed.

Wild Justice welcomed the verdict, saying: “This is a victory for local people who have been raising the alarm for more than a decade, and a vital win for wildlife in one of the most important conservation sites in Wales.”

Wider implications

The case is being seen as nationally significant because it clarifies how planning authorities must approach developments in areas protected by the Habitats Regulations. The ruling underlines that Special Areas of Conservation and SSSIs cannot be treated as ordinary countryside and that planning bodies must base their decisions on complete information and legally sound assessments.

Legal commentators have suggested the decision could affect other adventure tourism proposals across the UK, particularly where activities risk disturbing sensitive marine or coastal wildlife. Local authorities may now be under pressure to demonstrate far stricter safeguards before approving such schemes.

Key environmental information was missing was planning permission was approved, it was found

Reaction and next steps

Pembrokeshire Coast National Park Authority has not yet confirmed whether it will appeal the decision. If no appeal is lodged, the developer will need to make a fresh planning application, supported by stronger environmental evidence, if it wishes to pursue the project.

For the community in Moylgrove, the ruling has been greeted as a major relief. Campaigners say it vindicates their long struggle to ensure that conservation law is applied properly in Pembrokeshire.

The case has also boosted Wild Justice’s profile as one of the UK’s leading conservation litigants, with the group promising to continue holding public bodies to account where it believes wildlife protection has been undermined.

A spokesperson for Pembrokeshire Coast National Park Authority said it acknowledged the judgement.

“The court found against the national park authority on two procedural grounds, three grounds were dismissed. Judicial Review challenges do not consider the merits of a planning decision itself, but rather the process by which a decision was reached.

They added the park “respected” the decision and would “carefully review the judgement in detail before determining any further actions that are required”.

National precedent: what this ruling means

  • Habitats Regulations clarified: The judgment confirms that planning authorities must not rely on vague assurances or incomplete mitigation when considering projects in SACs and SSSIs.
  • Balancing not allowed: Educational or tourism benefits cannot be weighed against ecological harm when European-protected sites are at stake — the law requires strict ecological protection.
  • Ripple effect across the UK: Councils, park authorities and developers nationwide may now face legal challenges if they approve projects near sensitive habitats without watertight environmental assessments.
  • Wildlife watchdogs emboldened: Groups like Wild Justice are likely to use this ruling as a springboard for further cases, reinforcing judicial review as a powerful tool to defend nature.

 

Local Government

Changes approved to final phase of Saundersfoot housing scheme

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Affordable housing proportion rises as apartment plans replaced with family homes

AMENDMENTS to the final phase of a housing development in Saundersfoot have been approved, reducing the overall number of homes while increasing the proportion of affordable properties on the site.

Morgan Construction (Wales) Limited, through agent Evans Banks Planning Limited, sought permission to reconfigure the third phase of a residential development at Whitlow, Narberth Road, Saundersfoot.

The application was recommended for approval and came before members of Pembrokeshire Coast National Park’s Development Management Committee at its March meeting.

The original scheme, granted permission in 2023 and already partly built, allowed for a total of 54 homes. Under the revised proposals the number will be reduced to 47.

A planning officer’s report explained that the development is being built in phases. Phase one consists of 16 market homes, while phase two includes 19 affordable properties.

The application concerned the final stage of the project, known as phase three.

Under the original consent, phase three would have delivered 19 one- and two-bedroom apartments located in the centre of the site. However, the revised plans replace those flats with a mix of houses.

The new layout will include two three-bedroom detached houses, three two-bedroom detached bungalows, four two-bedroom terraced townhouses and three three-bedroom terraced townhouses.

This change reduces the number of homes in phase three from 19 apartments to 12 houses.

Although the number of affordable homes across the development will remain unchanged, the reduction in market housing increases the proportion of affordable properties on the site from 35.1 per cent to 40.4 per cent.

The applicants told planners that demand for the previously approved apartments had been limited. They said there was already a considerable supply of such properties in the lower part of Saundersfoot, while demand locally appeared stronger for homes suited to young families and for older residents wishing to downsize into smaller bungalows.

The report added that without the changes the final phase of the development could remain unbuilt, leaving future residents living on a partially completed site.

Committee members agreed to grant delegated approval to planning officers, subject to the completion of legal agreements covering planning obligations.

These include provisions to secure the affordable housing in perpetuity, along with financial contributions towards library services, recreational open space and sustainable transport.

 

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Local Government

Appeal after Tenby harbour RNLI building takeaway refused

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AN APPEAL has been lodged against the refusal of plans for a takeaway food kiosk at a former lifeboat store in Tenby’s seaside harbour, despite planning officers recommending the scheme for approval.

Last March, members of the Pembrokeshire Coast National Park Authority development management committee rejected proposals to site a takeaway food kiosk at the former RNLI lifeboat store at Penniless Cove, Tenby Harbour.

The application, submitted by Ruby Goodrick, sought permission to convert the old store into a takeaway cold food outlet operating seven days a week from 10:00am to 10:00pm.

The scheme came before councillors rather than being determined under delegated powers after Tenby Town Council objected to the proposal.

Despite the objection, planning officers recommended the scheme for approval, even though it represented a departure from the adopted development plan.

An officer report said: “Whilst it is acknowledged that the proposed use would introduce a retail element to this area of the harbour, on balance officers consider that no significant harm would be caused to the character of Tenby Harbour as a result of this development.

“The use proposed occupies a relatively small floor area and would not be a destination in and of itself. Rather, it would rely on the existing footfall within the harbour.”

Speaking at the meeting in March (2025), Alistair McKay, representing Tenby Sailing Club, warned the proposal could create potential conflicts with other harbour users.

The applicant told councillors she was “more than happy” to adjust the proposed opening hours. Ms Goodrick said the business would build on the success of her mother’s former sandwich shop in the town, Truly Scrumptious.

The proposed outlet, called Truly@The Harbour, would “contribute positively to the local economy,” she said.

However, committee members raised concerns including congestion in the harbour area and the handling of waste.

Members eventually voted by 12 votes to three to refuse the application.

The applicant has now lodged an appeal with Planning and Environment Decisions Wales (PEDW).

In a statement supporting the appeal, Ms Goodrick said: “The proposal is modest in scale, does not harm the retail hierarchy, is in close proximity to the town centre, and has received no objections from the majority of the statutory consultees.”

The appeal statement adds that the refusal was based on the kiosk being outside the defined town centre boundary.

However, it argues that the building is located only around 25 metres outside the retail centre boundary and would otherwise represent a use considered acceptable within the town centre.

 

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Community

Town hall takeover plan questioned as cost figures conflict

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CONSULTATION DRAWS JUST 25 RESIDENTS AS RUNNING COST ESTIMATES VARY BY TENS OF THOUSANDS

THE PROPOSED transfer of Fishguard Town Hall to the town council has come under scrutiny after documents revealed conflicting estimates of the building’s running costs.

Freedom of Information responses and council documents suggest the historic building could cost tens of thousands of pounds a year to operate, raising questions about whether Fishguard and Goodwick Town Council can afford to take on responsibility for it.

Budget links tax rise to town hall plan

A budget report prepared by Fishguard and Goodwick Town Council shows the authority planning £166,336 in spending for the 2025–26 financial year, an increase on the previous year.

Within the administration section of the proposed budget, the council confirms that £20,000 has been allocated towards the proposed Community Asset Transfer of Fishguard Town Hall from Pembrokeshire County Council.

The document also links a proposed 16 per cent increase in the council’s precept directly to the takeover proposal.

After two years with no increase due to the cost-of-living crisis, the report states the rise is “directly related to the proposed CAT of Fishguard Town Hall.”

The council plans to request a £147,070 precept for the coming year.

Dispute over running costs

However, debate over the plan has intensified after different figures emerged for the building’s running costs.

Pembrokeshire County Council has said the average annual cost of utilities — including gas, electricity, water and sewage — for the building over the past three years was between £25,000 and £30,000.

But other figures circulating locally suggest the costs may be far higher.

One estimate cited by residents claims energy bills alone could be around £47,000 a year.

Separate operational figures released through a county council Freedom of Information request indicate that when staffing, maintenance, utilities and business rates are included, the total cost of running the building could exceed £70,000 annually.

Consultation numbers raise questions

Consultation figures released by the Town Council also show relatively modest public engagement with the proposal.

According to the council, 25 people attended the public consultation meeting held at the Town Hall.

A further 93 paper survey responses and 17 online responses were submitted through the council’s consultation process.

The council has not yet published the draft business plan or energy survey relating to the building, stating the documents are still under review.

Transfer still undecided

The potential Community Asset Transfer of Fishguard Town Hall from Pembrokeshire County Council to the town council has been under discussion since 2024, but the arrangement has not yet been formally agreed by either authority.

If the transfer goes ahead, responsibility for operating and maintaining the building would pass from the county council to Fishguard and Goodwick Town Council.

Supporters of the proposal say it would give the community greater control over the future of the historic building.

However, critics argue the long-term costs could place significant pressure on the town council’s finances.

 

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