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Council’s successful defence of planning appeal

Published: 29/09/2021

Flintshire County Council has successfully defended a recent appeal against its decision to serve an Enforcement Notice on land in Nercwys.

The land at Ty Melyn, Nercwys, has been has been subject to planning negotiations since 2016 was issued with an Enforcement Notice September 2020 to rectify a number of planning breaches.  

Flintshire’s planning officers observed a timber structure had been built and a number of fence posts erected without appropriate planning permission, and the apparent removal of a section of hedgerow.  There are also items on the land in need of removal all of which form part of the notice. 

The requirements of the Enforcement Notice were:

  • Remove from the Land the timber building with the pitched roof 
  • Remove from the Land the timber fence posts, all building materials and rubble and restore the Land to its condition before the breach took place
  • Remove the septic tank, all building materials and the caravan from the Land

The inspector appointed by the Welsh ministers considered all matters raised in support of the appeal, however the conclusion is that the enforcement notice should be upheld.  

Flintshire’s Cabinet Member for Planning and Public Protection, Councillor Christopher Bithell, said:

“Once again, the Council’s decision to issue Enforcement Notices have been accurately made.  The notice will ensure the removal of any buildings and structure erected without planning consent and the site land made clear of any debris.  It is clear that the decision taken by the inspector shows that Flintshire was correct to act with the Enforcement notice.”