What a land professional thinks of the plans

We have received a copy of a letter sent by a member of the Bryn Euryn User Association to the Council’s Countryside Department. The author owns a property backing on to the Bryn and is also Chartered Surveyor & Arbitrator, well acquainted with land and grazing issues in his professional capacity. Please find below a couple of interesting extracts: -

I am writing this letter to you as a neighbour. I have to hand a copy of the Title the county holds for the 'BRYN'. Upon inspection of the Title there is a clear restrictive covenant which the county must adhere to.

The Conwy County Borough Council are successors to the Colwyn Bay Urban District Council
who held a lease for the 'Bryn' from 1925. That same council purchased the Freehold in 1932.

The restrictive covenant contained in the lease and Freehold title is referred to as clause 5. It
specifically reflects the use at that time and the reason for a Local Authority to acquire lands for
use as possible open space for leisure and recreation. The content of the clause prevents any
trade, business, profession or occupation whatever occurring upon the land other than:- Club
Room, pavilion, cafe or refreshment room associated with the leisure and recreation use.

This clause prevents the council from contemplating the fencing out areas of the 'BRYN' and the
occupation by animals provided by other parties on licence or other agreements whether for
monetary gain or free.

With reference to a similar local case: -

Planners instated that a Planning Application be submitted for change of use from recreation to agriculture. The proposed use of part of the 'BRYN' for agriculture use (grazing by any animal) will therefore necessitate a Planning Application with notice to every neighbour of the Application.

Please note that the original planning permitted relevant to 1947 was leisure recreation not
agriculture and has never since 1925 been used for agriculture.

Based on the two reasons in this letter I would suggest you seek legal advice and Planners
advice.

I obviously object to your proposal for the 'BRYN' and will advise the Objectors Association
similarly.

I hope to receive a response from you, in the meantime I will monitor the situation and if necessary advise the Association to apply to Court for an injunction if the Council breaches it's
own restrictive covenants and regulatory process.

We are very grateful for this expert advice and trust it will be considered by the council in their increasingly ‘unfeasibility report’. Indeed it seems to many of us that the council is just wasting time and money on an ill conceived plan which is massively opposed by almost all the users of the Bryn?