Land for sale in Lon Towyn Capel, Trearddur Bay LL65

Summary

Freehold Land extending to approximately 14 acres with planning consent for residential development for 45 dwellings and a further 38 plots (making a total of 83 dwellings in all) with vehicle access from Lon Town Capel.

Significant initial groundwork and footings already created, and the land has been subject to major levelling using stone to significantly increase the datum height. Requires completion of Flood risk assessment.

Title

Owned by single asset owning Company: Eaden Homes Limited.

Opportunity

For Sale as a single lot only. Site information and history below, further information and access to Data vault is available to seriously interested parties on request.

Site and planning history

19th April 1960 -Outline planning granted, protected due to roadworks carried out in accordance with the submitted plans

30 Sept 1972 and 30th November - additional consents granted

Mon 29th April 1983 Original Planning Consent - Granted by the Borough of Ynys Mon
Granted consent for 45 dwellings and 38 plots making a total of 83 dwellings.

1984-1985 Works consisting of stripping of topsoil, levelling and laying the hardcore sub-base of a roadway and four of the permitted buildings was carried out. Copy correspondence attached. (these were also facts agreed by Ynys Mon Council on 3 May 2012 as part of the subsequent Lands Tribunal Decision in 2012). Created Extant consent.

April 1988 - Council seek to contend that consent is not extant serve enforcement notice. Jones & Lloyd Appeal.

22 August 1988 - Appeal decision -Welsh Office
Subject: This was an appeal against an enforcement notice served by the Council on the land owners in respect of the carrying out of engineering operations in regards to the deposit of hardcore etc. So as to raise the level of the site without planning permission.
Appeal decision: Held in favour of the site Owners (then Jones & Lloyd), and permission granted for the retention of the existing hardcore subject to a scheme of levelling and drainage being submitted.

Feb 2004. Land acquired by Eaden Homes Limited

July 2004 - Welsh Water accessed the site and laid pipework and drains across it without consent.

May 2005 - further confirmation of safeguarded consent in exchange of emails between Council and Eaden Homes

31-03-2011 Letter - Ynys Mon Council -Planning Regulatory Services Manager
Subject: Letter refers to a Press Release from Head of Service in May 2005 confirming planning consent has been 'safeguarded'.

May 2012 - Counsels Opinion – Vincent Fraser qc- (especially para's 13-16)

May 2012- Lands Tribunal hearing and 6 June 2012 Decision
The issue of compensation for injurious affection was made by Eaden Homes against Welsh Water for the effect on value of their works in 2004. Lands Tribunal Decision held that:
(i) the planning permission was a full permission and was not, in relation to any part of the development permitted, an outline permission.
(ii) In relation to the 38 plots the permission was for their layout and not for the erection of houses upon them

2015-2016
Datrys Model Engineering carried out work to assess consented site levels. Level agreed with the council engineers in Oct Landfill and site level works undertaken.
Done and completed to about 80% of the 1983 permission levels, less top fill/working levels.

Work undertaken by Grays Waste Management with appropriate approvals and certification.
Material relocated was waste stone rather than quarried stone. Clerical error on forms documented incorrect tonnage, and a temporally lapsed license invoked a charge from the nrw.

Nrw took enforcement action and served appropriate notices.

Nb there are no issues at the quality quantity, and content of everything that has actually been deposited on the site, and the licenses held over the years were more than enough for the total tonnages deposited.

13 July 2017 - Letter - Ynys Mon Council -Chief Planning Officer
Refers again to planning consent granted for 83 dwellings on 29th April 1983 and site levels.

11 May 2018 - Refusal of application for a retrospective environmental permit
Natural Resources Wales refuses T2 permit to deposit further waste stone on the site. (nb there would be no issues on quarried stone being used instead). A full fra would be required to overturn this nonsensical decision.

November 2018. Appeal lodged. By Eaden Homes

24 June 2019 Appeal Decision - The Planning Inspectorate
Subject: Appeal against a decision by National Resources Wales to refuse an earlier application to import a further 20,000 cubic metres of waste material to raise land levels to 3.4m above Ordnance datum
Decision: Appeal dismissed. Token out of court settlement reached. (nb this is personal to the current directors and liability does not transfer with the land).

2020 outstanding issues
nrw require a flood risk assessment be undertaken to demonstrate that surface water run-off will satisfactorily drain off the site into the sea, and that the site is protected from flooding from the rear via the area known as the 'Inland Sea'.

Recent (2020) high winds storms and tides have flooded the road to the front of the site, but the sea levels came nowhere near the existing site levels, let alone the proposed finished site levels.

Eaden Homes do not believe that there would be any issues in using 'virgin material' to complete the remaining works of final levelling.

Services

It is understood that Transco have supplied a gas main into the entrance of the site, which work was undertaken as part of a 'material start' to the on-site works in 1984-5

Plans and correspondence

Supporting Documentation plans and photographs can be made available via a Digital Document form on request.

Costs

Each party to be responsible for their own legal costs

Price

Offers Over £2m.

Viewing

By prior arrangement with the vendors sole agents:

Tim Kenney, Kenneymoore. 5 York Street, Chester CH1 3LR

Tel: Email:

Subject to contract