From:	Caroline Llewellyn
Sent:	10 January 2011 14:32
To:	Christine Gwyther ; 'Cllr Michael Williams'; 'Cllr Tony Brinsden'; 'David Ellis'; 'Fiona Lanc'; 
'Gwyneth Hayward'; 'Huw George'; 'John Allen-Mirehouse'; 'Mike Evans'; 'Mike James'; 'Peter 
Morgan'; 'Richard Hancock'; 'Richard Howells'; 'Rob Lewis'; 'Simon Hancock'; 
Ted Sangster External (Member)

Subject:	FW: Bettws Newydd, Newport

Attachments:	Apprendix B - BN Opposition Group Letter Recieved 4th January 2011.doc; 
Appendix A - Bettws Newydd Appeal Decision 2131835  2128919.pdf; 
Appendix C - Counsel's Advice - Pembs  Coast NPA-Bettws Newydd-Inspec's 
decision.doc

Dear Members

Following the recent Public Inquiry into the appeals against the Authority refusing to 
grant planning permission and issuing an Enforcement Notice relating to Bettws 
Newydd in Newport, the Inspector has allowed the appeals and quashed the 
Enforcement Notice.  A copy of the Inspector's Decision, dated 10th December 2010 is 
attached (and marked "Appendix A") 

By letter dated 28th December 2010 (but, due to the Christmas holidays, received on 
the 4th January 2011) Mr Reg Atkinson, Chairperson of the Bettws Newydd Opposition 
Group ("BNOG") wrote to me requesting that the Authority challenge the decision of 
the Inspector and/or take certain further action set out in their papers.  A copy of Mr 
Atkinson's letter, and the BNOG submission, are attached (marked "Appendix B").

The Authority has sought Legal Advice on the Inspector's decision, and the 
submissions and requests made by the BNOG, from Mr Graham Walters, the 
experienced Barrister who represented the Authority at the Public Inquiry.  Counsel's 
full Advice is also attached (marked "Appendix C").

In the light of Counsel's Advice, officers of the Authority do not consider that there are 
sufficient grounds for the Authority to undertake an appeal or further challenge to the 
Inspector's decisions.  Normally this issue would be considered by Members at the 
next meeting of the Development Management Committee.  However any legal 
challenge to the Inspector's decision must be lodged within 42 days of the decision, 
which in this case is 20th January 2011 - i.e. six days before the next Development 
Management Committee Meeting.  Please note that the request that the Authority 
make a Discontinuance Order under Section 102 of the Town and Country Planning 
Act 1990 is not subject to such a time limit and so can be decided by the Development 
Management Meeting and will be the subject of a Report from officers to your next 
meeting.

Having consulted the Chairman of the Authority, and also the Chairman of the 
Development Management Committee, I am writing to clarify to Members that our 
intention, in line with Counsel's Advice, is not to mount a High Court Challenge to the 
Inspector's decision.  However in view of the circumstances: in particular the need for 
any challenge to be initiated well before the Development Management Committee is 
next scheduled to meet, I wish to give Members the opportunity to call an Extraordinary 
meeting of the Development Management Committee to decide this issue, should 
Members consider this necessary.

The convening of such a meeting requires  in law 3 clear days notice (5 clear days 
under Standing Orders, but these can be suspended for this purpose).  The last 
practical date for holding such a meeting and allowing time to lodge the legal 
challenge papers in the Court, is Tuesday 18th January 2011.  Notice of such a 
meeting would need to be issued this Wednesday, 12th January.  Accordingly I shall 
be grateful if each Member will contact me (or in my absence Caroline Llewellyn) by 
midday this Wednesday 12th January 2011 to indicate whether or not you consider an 
Extraordinary meeting of the Development Management Committee needs to be 
called.

Should you wish to discuss this case in any way, please do not hesitate to contact me, 
or David Prescott your Solicitor.

Yours sincerely

Tegryn Jones
Chief Executive

Pembrokeshire Coast National Park Authority / Awdurdod Parc Cenedlaethol Arfordir 
Penfro
Llanion Park / Parc Llanion
Pembroke Dock / Doc Penfro
Pembrokeshire / Sir Benfro
SA72 6DY
 
Tel / Ffon: 0845 345 7275
Fax / Ffacs: 01646 689076 
Web: : www.pembrokeshirecoast.org.uk / www.arfordirpenfro.org.uk