Flintshire Council rejects brewery’s ‘lawful development certificate’ bid for Halkyn caravan site

A brewery company has failed in its bid to gain a lawful development certificate in respect of a caravan site next to a pub in Halkyn.

JW Lees Limited applied to Flintshire Council in January for the approval of the use of the campsite attached to the Britannia Inn in Halkyn.

In documents submitted to the local authority, the Manchester-based firm claimed the land covered in hardstanding had been used to house caravans since at least 2009.

The company sought to legalise the arrangement after providing information it said supported its claim that the caravan site had been in constant use for more than ten years.

However, permission has now been rejected by a council planning official, who said the evidence was insufficient.

In a report outlining her decision, Rhian Chitty said: “The application site is a parcel of land to the north-east of The Britannia Inn, Halkyn.

“The site was originally an agricultural field; however, permission was granted in 2010 for the retention of the site levels which were carried out as a compound for workers during the construction of the A55 bridge.

“A supporting document [was] prepared by Michael Healy Ltd on behalf of J.W.Lees which outlines evidence that a ‘caravan site’ has been used on the land in question for over 10 years.

“For any form of certificate of lawful development, the onus is upon the applicant to have submitted sufficient information needed in order to satisfy the council that the proposed development is lawful.

“As a matter of fact and degree, and considering all the evidence submitted by the applicant otherwise available to the council, it has not been demonstrated on the balance of probabilities that the land has been used as caravan park for a period of over ten years.”

The council’s website lists two circumstances in which people can apply for a lawful development certificate.

One is where someone wants to know whether a proposed development, including new works or changes of use of land, would be lawful if carried out.

The other example is where someone is in doubt as to whether or not existing buildings, operations or uses of land are lawful.

The officer’s report notes the company has the right to appeal to Planning and Environment Decisions Wales if it is unhappy with the decision.

By Liam Randall – Local Democracy Reporter