Local Government
High Court strikes down Moylgrove adventure hub approval
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.

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

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.

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
Fishguard children’s home application is a ‘legal test’, not planning merits decision
Town council objected over highway safety and parking, but PCC says policy issues are not part of the certificate process
CONCERNS raised by Fishguard and Goodwick Town Council over a proposed children’s home at Bryn Delyn, Y Fraich, may not be considered in the same way as objections to a normal planning application, Pembrokeshire County Council has confirmed.
The town council’s planning committee discussed application 25/0948/CL on Monday (Apr 20), relating to the proposed use of Bryn Delyn as a children’s home.
Members are understood to have objected on highway safety and parking grounds, amid concerns about the suitability of the site and surrounding roads.
However, Pembrokeshire County Council has clarified that the application has been submitted under section 192 of the Town and Country Planning Act 1990.
This means the applicant is seeking a Certificate of Lawfulness to determine whether the proposed use of the property would be lawful and would not require planning permission.
A council spokesperson said the purpose of the submission was to determine whether the proposed use of Bryn Delyn, as described in the documents, would be lawful.
They said: “The onus lies with the applicant to provide sufficient evidence for the Local Planning Authority to determine the application on the balance of probabilities.
“Adopted planning policy and the planning merits of the proposed use/development are not for consideration by the LPA.”

The council also confirmed that, unlike ordinary planning applications, there is no statutory duty for the Local Planning Authority to publicise or consult on submissions made under section 192.
No formal consultation has been carried out with the council’s Highways Department.
However, the council said it had used its discretion to advertise the certificate of lawful development submission by displaying a site notice.
The spokesperson added that this was done in case members of the public had their own evidence to present which could be of value when determining the submission.
The clarification means the council’s decision will focus on the legal position and the facts of the proposed use, rather than wider planning policy, parking concerns or highway safety issues in the usual planning sense.
The application remains under consideration.
Cover image is a rough artists impression created by The Pembrokeshire Herald
Community
Tenby Brynhir estate will not home ‘illegal immigrants’
CLAIMS Tenby’s Brynhir housing development will house “illegal immigrants” through purchases by an English council have been refuted by Pembrokeshire County Council.
Back in 2024, the scheme, with nearly 100 “local houses for local people” was approved by national park planners.
In 2018, Pembrokeshire County Council, which already owned the 15-acre Brynhir site on the edge of Tenby, ‘bought’ the land for £4million using its Housing Revenue Account.
Campaigners fought a two-year battle against the use of the land for housing, calling for protection for ‘Tenby’s last green space’ and fearing it would become a ‘concrete jungle’.
The county council was granted outline planning permission by the Pembrokeshire Coast National Park Authority for the development of 144 properties – including up to 102 affordable units – in 2020.
The later 2024 scheme proposed that only 125 houses be built, 93 of them affordable, and, of the 32 open market dwellings, 16 are shared ownership properties.
Tenby Civic Society has raised numerous concerns to the scheme and 20 objections were also received from members of the public, raising concerns including loss of green space, traffic issues, privacy, design, visual impacts and the scale of the development, sewage capacity, the site being no longer allocated for housing, potential antisocial behaviour within the play area, and a limitation on second homes/holiday lets being required.
At the September meeting, concerns about the proposal were raised by Jane Merrony of 1,100-member Tenby Green Space Preservation Society, who said it was inappropriate in its proposed location and “a visual intrusion which will be seen from Caldey Island”.
Since that approval, initial construction for the site started late last year.
The full development is set to be finished by 2029.
However, fears have been raised that some of the site will house “illegal immigrants” via an English council.
A member of the public raised their concerns saying: “Unconfirmed rumours have it that Liverpool City Council has bought houses in the development as their waiting list is so long due to illegal immigrants being housed in their stock, making it a 10-year waiting list to get local housing in Liverpool.
“Does this mean that Liverpool City Council will be offloading illegals onto the Tenby social housing?”
They added: “When the planning permission was going through, we were informed that all the housing would be mixed council, open-market and association houses with a covenant saying that you had to live, work or have links to the area to be considered for any of the units.”
Responding, a Pembrokeshire County Council spokesperson said: “These rumours are untrue. This site is owned and managed by the local authority. Allocations will be made to those from our Choice Homes register in accordance with a local connection lettings policy that will be developed in conjunction with the local town and community councils, and local community, in due course.”
Community
Tributes paid after death of Pembroke Dock councillor
Tributes have been paid following the passing of a Pembrokeshire county councillor of nearly 30 years, who was “passionately devoted” to his hometown of Pembroke Dock.
Cllr Brian Hall joined Pembrokeshire County Council following a by-election in 1996, representing Pembroke Dock’s Market ward.
A long-standing councillor, Cllr Hall was also a representative on the RWE Npower Pembroke Power Station and Valero Liaison Committee.
Cllr Hall had also represented the Authority on the Mid and West Wales Fire and Rescue Service and the Swansea Bay City Region Joint Scrutiny Committee.
He was an active member of a number of Pembrokeshire County Council scrutiny committees and the planning committee.
He previously sat on the Cabinet, from its inception in 2002 until March 2007 and between 2012 and 2022, he chaired several Overview and Scrutiny Committees including Environment, Services and Corporate.
Pembrokeshire County Council Leader Cllr Jon Harvey said: “We were all very sad to hear of Cllr Brian Hall’s death.
“I pass on the condolences of everyone at the council to his family and many friends.
“Brian was a council stalwart and had been working for, and demanding better, for his constituents for nearly 30 years.
“His enthusiasm for his home patch was unmatched and there was little of Pembroke Dock’s history that he could not tell you about. The loss of Brian from the chamber will be felt by all members of council across the board.”
Independent Group Leader Cllr Anji Tinley expressed heartfelt condolences, stating: “The loss of Cllr Hall profoundly saddens us. He was a well-respected figure known for his dedication and commitment to local governance and his community.
“His legacy will live on in the lives he touched, and we will dearly miss him. Our thoughts are with his family and friends during this difficult time.”
Presiding Member of Pembrokeshire County Council, Cllr Simon Hancock said: “I am greatly saddened by the sudden passing of Councillor Brian Hall who was a member of the authority for nearly 30 years.
“Brian was a larger-than-life character who was passionately devoted to Pembroke Dock and his constituents. He never let an opportunity pass without mentioning and advancing the interests of his hometown. We extend sincere condolences to his family.”
Pembroke Dock Town council added: “It’s with great sadness to hear of the passing of our county and town councillor Brian Hall.
“Brian served his Ward of Pembroke Dock as a County Council for 30 years with passion and pride and he will be missed by many.”
Mayor of Pembroke Dock Cllr Michele Wiggins said: “It is very sad news and I extend my condolences to everyone who knew Brian. He was a hard working county councillor and town councillor for many years. There wasn’t much of Pembroke Dock’s history he didn’t know. He will be sadly missed.”
Fellow county councillor Cllr Rhys Jordan also paid tribute: “I was very saddened to hear of Brian’s passing over the weekend. He was a lovable rogue with a heart of gold.
“If anything, his greatest flaw was trying to help everyone, something that truly defined the kind of man he was. He had an encyclopaedic knowledge of Pembroke Dock and could captivate you for hours with his stories, whether about the town itself or his business links in Ireland.
“Brian was deeply dedicated to his role and was almost always the first to arrive in the members room, often there by 7am. That quiet commitment spoke volumes about his character.
“Above all, he was a devoted husband, and my thoughts are with his wife, family, and many friends at this incredibly difficult time. He will be greatly missed by all who knew him.”
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