A LAST-ditch bid to stop a large housing development on the edge of Prestatyn by legal action appears to have failed.

In June last year, Denbighshire councillors gave the go-ahead for 102 affordable houses and bungalows on three fields behind Alexandra Drive.

The application by Macbryde Homes – now Castle Green - was approved by nine votes to seven despite strong objections from more than 100 local residents and Prestatyn Town Council.

The objectors argued that the site, which is Grade 3A agricultural land classed as best and most versatile (BMV) farmland, was not earmarked for housing in the county’s Local Development Plan, that it was on a flood plain, that the access and egress was unsuitable, and that it would put too much pressure on services such as schools and GP practices.

North Wales Police also expressed concern about the alleys proposed in the scheme, and suggested that lockable gates be installed.

Planning officers said the over-riding factor was the need for affordable housing in Prestatyn, where 60 per cent of households, the highest percentage in the county, could not afford to buy their own property or even rent privately.

The report to the planning committee stated: “Whilst the site lies outside if the Prestatyn development boundary and a residential development in this location would be contrary to the Local Development Plan, the under-delivery of affordable housing over the plan period and the over-riding need for affordable housing in the Prestatyn area are considered to be material considerations to be afforded significant weight.”

Vale of Clwyd MP, Dr James Davies, and MS, Gareth Davies, both asked for the application to be called in by the Welsh Government but their request was turned down.

The town council, whose members were unanimous in their opposition, sought advice on whether the decision and the information on which it was based merited a judicial review.

Barrister Freddie Humphreys, who specialises in planning matters, said there were some relatively minor points which could be pursued, such as Prestatyn having “the greatest need”.

But he added: “I do not think that the High Court would accept that the effect of the use of the word ‘greatest’ was to significantly mislead the committee.

“I have reviewed the decision notice and Section 106 agreement.

“The requirements set out therein are consistent with the decision made to grant planning permission and I have not identified anything in them that would, in my opinion, warrant a legal challenge.”

Cllr Linda Muraca, chairman of the town council’s planning committee, said the barrister’s report was “disappointing” but they were still considering ways of halting the development.

She said: “We felt we owed it to the people of Alexandra Drive to try to stop it, but going to judicial review, when the outcome could not be guaranteed, would cost £40,000 - £50,000.

“If there is such a great need for affordable housing in Prestatyn, which we don’t accept, then it is because Prestatyn is a desirable place to live.

“Our concern is that it will become a ‘sink estate’.”

Last week, residents and environmentalists complained that preliminary work, including the removal of hedges, had begun on the site.