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The destruction of Bluebell Woods in Llanbradach has rightly caused outrage in the community – but the saga reveals wider questions about the planning system and the laws surrounding the protection of the flower.
Diggers moved in on the weekend of July 30 and started excavating land. According to council leader Sean Morgan, this was for a five-pitch caravan site.
The landowner of the site is believed to be businessman Karl O’Dare, who is the managing director of a number of companies, including one called Everything Holidays Ltd.
He is also the managing director of a Newport-based firm called Everything Lettings Ltd, as well as being a pastor at the South Wales Gypsy Church.
The landowner did not have planning permission. Caerphilly Observer has tried to contact Mr O’Dare for comment.
Council officers stopped the work on Monday, August 1, but the mission to save the woods from further damage is far from over.
In a letter to Plaid Cymru Senedd Members Peredur Owen Griffiths and Delyth Jewell on August 3, Caerphilly County Borough Council leader Sean Morgan provided an update on the council’s investigation into the controversy.
Labour councillor Morgan said: “Following discussions with the contractor, it appears that he had been employed by the landowner to level an area of land to accommodate five touring caravans as a Caravan Club Licensed Site.
“Works ceased on the site on Monday morning following officers’ intervention and the authority has been advised that the landowner will be submitting a planning application shortly for the proposed works.”
What are the rules?
Setting up a caravan club for no more than five caravans does not require a licence from the council, but it still needs planning permission.
All caravan sites need to have planning permission granted before an application for a licence can be submitted.
If the landowner submits a planning application, it will be up to Caerphilly County Borough Council to decide whether or not the caravan site goes ahead.
The way the planning system works is that applications can only be decided on planning grounds and not public opinion.
If officers are looking for a reason to recommend to councillors to turn it down, they could look into the woods’ designation as a Site of Importance for Nature Conservation (SINC).
If planning is refused, or not even submitted, then the council could go for enforcement action against the owner, potentially to return the site to its original condition.
Meanwhile, bluebells are protected in the UK under the Wildlife and Countryside Act 1981.
“Great lack of due diligence”
Plaid Cymru councillor Colin Mann, who represents the Llanbradach ward, expressed fears the land “may never regenerate to its original condition even if attempts were made to do so”.
After chairing a well-attended public meeting in response to the fields being dug up, Cllr Mann said: “A representative of the contractors who have done the work addressed the meeting and answered many questions. People acknowledged the fact he had attended but, it is fair to say, were not happy with many of the answers.
“It was pointed out several times that, amongst other issues, there seemed to be a great lack of due diligence in the process.”
He continued: “The council has now issued a stop notice and told the developer to apply for permission but huge damage has been done.”
He criticised Natural Resources Wales (NRW) for being “very reluctant” to get involved and added: “I was told that an owner can dig up wildflowers but is only liable to prosecution if they attempt to sell them, although this view has been questioned.
“If I or any member of the public even picked the flowers, we could be liable to prosecution. The well-known comment comes to mind that ‘the law is an ass’.”
“No remit”
Caerphilly’s Labour Senedd Member, Hefin David, has been in contact with NRW about the matter and said: “I’ve had an update from NRW who say that as the site is not listed as a Site of Special Scientific Interest (SSSI) they have no specific remit for this area of land.”
He continued: “Any works of this nature should only be completed with planning permission in place and NRW would normally be consulted through this process.
“They also told me that their officers are supporting Caerphilly Council in their investigation.
“I will continue to work with local members on this and will ensure that voices of the community are heard.”
Protesters are planning to march to the site on Sunday, August 21 to show the strength of feeling in the community.
The march, which is being organised by Llanbradach and Pwllypant Community Council, alongside the Bluebell Protection Group, will start at 10.30am at the Wingfield Hotel car park.
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