Bluestone appeal battle draws near
15 June 2005
On Friday 17 June, the Court of Appeal will (1) hear the Council for National Parks' (CNP) (2) appeal against the High Court's judgment (3) on the Pembrokeshire Coast National Park Authority's approval (4) of the Bluestone holiday village. This is the latest phase in the battle to prevent a so-called "holiday village" from desecrating the Park's countryside. Three Appeal Court judges will decide whether or not the holiday village will be built, a decision which will have far-reaching implications for all of the National Parks.
Ruth Chambers, CNP's Head of Policy, said: "The appeal is a test case. Government policy is that National Parks have the highest level of landscape protection but the Bluestone decision has made a mockery of this. The court will rule on whether the Bluestone developer's claim of local economic benefit should be allowed to displace planning policies established to protect National Parks. This decision is important for all the National Parks. We will be presenting the strongest possible case to the Appeal Court judges in order to prevent the Bluestone development from going ahead and to ensure that the protection that the National Parks are given through the planning system remains intact".
Sylvia Davies, CNP's Welsh Affairs Officer, added: "This case is crucially important for the Welsh National Parks, which cover 20% of Wales, are vital for the nation's economy and an important part of our culture. They are green lungs for the people of Wales and the millions of visitors who come to enjoy the Parks' beauty, peace and quiet. We are grateful for the support that we have received for our legal action from local people in Pembrokeshire, as well as from the rest of Wales and elsewhere in the UK. This reflects the wide public interest in this case and in the protection of the National Parks. Without this public support and the efforts of our committed legal team we would not have been able to bring this challenge".
Ruth Chambers concluded: "By bringing this legal challenge the Council for National Parks has highlighted the need for public authorities to be more robust in their protection of National Parks. The case has also exposed the difficulties in challenging bad planning decisions because there is no right of appeal on planning approvals other than by resorting to the courts, which is often prohibitively expensive. This must be addressed if the government is to achieve its objective of greater community involvement in planning decision making.
"Whatever happens at the Court of Appeal, we will continue to work with governments in Westminster and Cardiff and with all of the National Park Authorities to ensure that the Parks and their communities have a viable future that delivers employment and social gains in ways that do not destroy their special environment".
Notes to Editors
1. The Court of Appeal will hear the appeal at 10am on 17 June 2005, in Court 69 at the Royal Courts of Justice on the Strand in London, before Lords Justice Latham, Jacobs and Kay. In granting permission to appeal the Rt. Hon. Lord Justice Keene recognised that "the point advanced in the grounds of appeal is properly arguable and raises an issue of considerable importance about the relationship between Section 54A and development plan policies. It should be considered by the full Court".
2. CNP is the national charity that works to protect and enhance the National Parks of England and Wales, and areas that merit National Park status, and promote understanding and quiet enjoyment of them for the benefit of all.
3. On 17 December 2004 the High Court judge Mr Justice Jack held that the decision to grant permission for the Bluestone development - comprising 340 timber lodges, a brand new "village", sports club and sewage-treatment works - was lawful.
4. The Park Authority's development control committee approved the outline planning application on 28 January 2004.
Contact: Ruth Chambers, Head of Policy, 020 7924 4077 ext. 222 / 07769 676 397
Sylvia Davies, Welsh Affairs Officer, 029 2045 0433 / 07779 718 224
For press queries please contact:
Ruth Chambers, Head of Policy on
020 7924 4077 ext. 222