THE owner of a listed home in Holywell has suffered bitter defeat in his fight to overturn planning permission for a nearby Gypsy encampment.
Gypsy families have been living at Dollar Park, Baglitt Road, Holywell, since 2007 despite the objections of Anthony Jayes, owner of one of the area's finest homes.
On an elevated site overlooking the Gypsy camp, Glyn Abbot is listed as a prime example of a small country villa in the classical style.
Gypsies living in Dollar Park had a five-year planning permission to stay there, but that expired in February 2016.
On April 7 last year, however, Flintshire Council granted a fresh permission for them to stay put for another five years.
The consent allowed the use of the site by nine families, on seven pitches, with a total of 13 caravans.
Mr Jayes succeeded in a High Court challenge to the decision last year and the planning permission was overturned.
But now the Court of Appeal has reversed that ruling, saying the county council's decision was "realistic and lawful".
Lord Justice Hickinbottom said families living on the site all see living in caravans as "an integral part of their ethnic identity".
When the council reached its decision, there were 11 children living on the site and all those of primary school age attended the village school.
There was an "unmet need" for Gypsy sites in Flintshire and a refusal of planning consent would have rendered the families homeless.
"They would have to pitch their caravans on the roadside without any base to access healthcare and education," the judge added.
That conclusion was "unassailable", said the judge, who was sitting with Lord Justice Lindblom.
Council lawyers said living a roadside existence could only be "seriously detrimental to a child's interests".
And the judge added: "Certainly, in my view, it was obvious that it was in the best interests of children to remain on the site."
Mr Jayes' concern that a string of temporary planning permissions could easily culminate in permanent consent being granted was "understandable".
But the judge said the five-year consent granted last year was based on rational advice and did not have the status of a "precedent".
Upholding the council's appeal, he said: "I consider that the officer and committee acted entirely lawfully."
Ruling that the five-year planning permission should stand, he concluded: "The approach adopted by the council was realistic and lawful."
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article