Unauthorised residential caravan site between Llangollen and Trevor: Frequently Asked Questions

Unauthorised residential caravan site between Llangollen and Trevor

A residential caravan site has been established between Llangollen and Trevor without the required planning permission. To remedy the alleged breach, the Council has served an Enforcement Notice. We continue to receive a high volume of queries about the case, therefore we are providing updates about the case here.

The current status of the case is as follows:

The recipients of the Enforcement Notice exercised their right of appeal against the Council’s actions, but their appeal has been dismissed. The appeal documents are publicly viewable at planningcasework.service.gov.wales (external website) using the case reference CAS-01845-C2W5Y6.

The Welsh planning inspectorate, Planning and Environment Decisions Wales decided to dismiss the appeal on the 31 March 2023. The requirements of the Notice came into force on the same day, and the recipients of the Notice have until the 1 November 2023 to comply with them.

The Council will monitor the case further after this date. If the monitoring reveals that the recipients of the Notice have failed to comply, the Council may seek to secure further punitive action. Prosecution may be pursued if it is in the wider public interest to do so, and if legal advice suggests that there is a reasonable prospect of success.

This status was updated on 3 April 2023 and is reviewed regularly. A further status update will be provided in due course.

Further information about how the Council deals with alleged planning breaches is provided in our planning compliance charter.

Who is responsible for the unauthorised activity?

The site has been purchased by a family who is now resident on the site. To the Council's knowledge, the family is not from the Gypsy/Traveller community.

How long will it take to stop the occupation of the site?

The Enforcement Notice requires the occupants of the site to vacate within 7 months. This period will commence when Planning and Environment Decisions Wales issues its appeal decision, if the Notice is upheld in full.

How much will it cost to take the enforcement process to its conclusion?

The costs of this process could vary significantly, and will depend on the outcome of the appeal.

How can you prevent re-occupation of this site or other private land in the vicinity?

The Enforcement Notice which the Council has issued will remain in effect indefinitely, even if it is complied with. This means that we should not need to issue a new notice if the site is ever reoccupied, so long as the activity is covered by the description of the breach on the existing notice. This would not apply to the occupation of neighbouring land or other land in the vicinity.

What legal powers does the Council have to resolve the situation?

The Council can take further legal action in the event that an Enforcement Notice is not complied with during the required timeframe. This period for compliance is 7 months from the date the inspector issues the appeal decision – if the Notice is upheld. There is a chance that the inspector will amend the period for compliance, if they consider the current period to be unreasonable.

Any action undertaken by the Council will be in adherence to existing legislation, such as human rights law.

Are you having conversations with the current occupants of the site with regard to their intentions and/or wellbeing?

Yes. The Council is in contact with the occupants, who are residing on the site willingly.

How are you working with elected representatives to ensure that the community has a voice within the decision making process?

The Council is liaising with the Member of Parliament, Senedd Member and Local Member, who are reflecting the local community’s concerns.

Who within the Council decides on the best course of action?

The adopted scheme of delegation sets out the decision making process.

What is the environmental impact of the occupation of this site?

The Council is concerned about the impact of the site on phosphate levels in the River Dee, and its location fails to reduce the need to travel by car for local journeys. These are two of the reasons why the Council has taken action and issued the Enforcement Notice.

What are the road safety implications of the occupation of this site?

The means of access from the unauthorised development to the adjacent highway is pre-existing. The Highways Authority was consulted prior to the issuing of the Enforcement Notice, and did not raise concerns.

Any individual road traffic incidents should be reported to the North Wales Police.

Could this site get planning permission to operate?

The Council will not be granting planning permission for the development of the site in its current guise. The development may remain if the ongoing appeal is successful.

Where can I find more information about the planning compliance process?

The Council has adopted a charter which sets out how alleged breaches of planning control are dealt with.

Planning Compliance Charter.