Resubmitted plans for an extension at Stepaside Heritage Park after a high court judgement overturned a council approval have been temporarily put on hold while planners await updated guidance on water quality planning regulations.

In late 2023 councillors approved a contentious application by Heritage Leisure Development (Wales) Ltd for works including the installation of 48 bases for holiday lodges, a spa facility at a former pub, holiday apartments, a café and cycle hire, equestrian stables, a manège and an associated office at Heritage Park, Pleasant Valley/Stepaside.

It was said the scheme, next to the historic remains of the 19th century Stepaside ironworks and colliery, would create 44 jobs.

The final decision was made at full council after members of the planning committee had twice supported the scheme against officer recommendations of refusal, based on the Local Development Plan, included the site being outside a settlement area.

Approval was given, by 37 votes to 16, with two abstentions, as it was considered that greater weight should be afforded to economic benefits of the scheme rather than policy.

Since that approval, a successful legal challenge was launched by Stepaside & Pleasant Valley Residents’ Group (SPVRG Ltd), who had objected to the original application.

A March High Court hearing presided by Judge Jarman KC recently ruled against the council decision, quashing that approval, and saying “the reason given by the council did not deal adequately with the important principal issues of development in the countryside, sustainability and precedent”.

It added: “Nor did it deal adequately with the important principal issue of the extent to which detrimental impact on existing sites was or should be taken into account when weighing the economic benefit of the proposed development. The economic assessment of the interested party expressly dealt with the latter, but not the former.”

It said the “major departure from countryside and sustainability policies is likely to have a lasting relevance for the question of policy in future cases,” and the “council’s resolution [was] simply to endorse the resolution of the planning committee, which predated the fuller report of the head of planning to the council.”

An application has now been resubmitted by Heritage Leisure Development (Wales) Ltd, through agent Lichfields, aimed at addressing issues raised in the recent judgement, with the application due to be heard at the July 1 meeting of Pembrokeshire County Council’s planning committee

In its lengthy submissions, Lichfields says “it is clear that members can reach a decision that is contrary to the development plan without setting a precedent”.

It adds: “However, given that there remains a conflict with the plan policies, there is also a need to consider the nature of the 2024 scheme that comprise unique circumstances that mean that the decision would not set a precedent.”

Listing a long list of ‘unique circumstances’ reasons, it says: “Together the application offers a unique development which, when considered in its entirety, is a bespoke offering that means that there are specific reasons why the proposed development at Heritage Park should be granted and that in doing so, this will not be setting a precedent for future decisions.”

It finishes: “The council has already granted planning permission for the development with members having grappled with many of the issues raised in the judgment. We would welcome the council reaching the same decision while also setting out the requirements raised in the judgment as part of the reasons for granting planning permission.

“This will ensure that there can be no further delays to the delivery of the proposed development and investment being made at Heritage Park while supporting the wider economic development and community offer for the local area and Pembrokeshire as a whole.”

Amroth Community Council has once again objected to the scheme; the application again recommended for refusal at the July planning meeting.

However, members of the committee were told no decision could be made at that meeting, the item removed.

Members heard this was due to a recently reported due unfavourable condition of the water quality in the Pembrokeshire and Carmarthenshire Bay Marine Special Area of Conservation, which many schemes under the planning authority’s jurisdiction discharges into.

They heard, under interim advice of the change, the local planning authority does not have sufficient or robust information at this time to undertake or update the assessment of the habitats regulations [in respect of the item] to conclude the development would have no adverse impact.

Members were told the authority’s planners were still digesting the information, and interim advice from Natural Resources Wales, considering it would be “potentially unsound” to make any decision before sufficient information was available.

The application will return to a future committee.