BARRY Island Property Company’s ongoing seaside development dispute with the Vale Council could end up subject to a Welsh Government planning inspector’s decision.

Vale Council planners will today (Thursday, July 30) consider whether they will reject the company’s (BIPC) proposal to build 25 dwellings and commercial units on The Dolphin bar site, Friars Road, Barry Island.

BIPC has decided it does not want to enter into a S106 agreement – in which developers make a contribution to a community’s affordable housing provision, transport infrastructure, and facilities – and has lodged an appeal with the Welsh Government.

Committee members will decide whether they would refuse the application, if BIPC maintained its stance of not wishing to make a financial contribution to the area, and planning officers have recommended they refuse the application.

Councillors granted permission for the development, on the corner of the Barry Island Pleasure Park site, in March this year – enabling Henry Danter to move on to the remainder of the site and begin developing his family’s fairground park.

But BIPC – Hilco and businessman Ian Rogers partnership – and an independent district valuer said the development would not be viable under the original S106 terms.

The Vale Council then changed its proposal and said a contribution would be considered by the authority if the developer’s estimated profits were in excess of 15 per cent.

The report to go before the Vale Council planning committee today (Thursday, July 30), states: “It is considered reasonable for the council to have resolved to grant permission for the development.

“The applicant’s appeal is made on the basis that he objects to any legal agreement, but is still seeking planning permission for the development. On this basis it is considered that, without the mechanism in place to safeguard the provision of affordable housing and community infrastructure should the viability of the scheme improve, the development would be out of accord with the national and local objectives for affordable housing and detrimental to the existing community infrastructure, in conflict with the policy and guidance.

“The development as proposed does not accord with the national and local objectives for affordable housing and would create additional and unmitigated demand for the existing community infrastructure to the detriment of that infrastructure, which cannot be justified on the grounds of viability constraints unless appropriate mechanisms are in place to address likely changes in viability as the development is implemented.”

Vale planners considered the development proposal on March 12 and May 14 this year.

The report added: “Whilst the resolution on both occasions was to grant planning permission, this was on the basis that the applicant would enter into a section 106 agreement as the applicant would subsequently not agree to this, a decision was not issued. An appeal has now been made to the Welsh Government in respect of the non-determination of this application. The Planning Inspectorate has confirmed that this appeal is valid and, as such, started the appeal on July 3, 2015.”

A BIPC spokesman said there would be no comment on this at this time.