DTM Legal is delighted to announce a significant success for our client, Nightfly Limited, following the decision of the Welsh Government appointed Planning Inspector to grant planning permission for the development of a Motocross Experience Centre at Rhydblawd Farm, Powys. In addition to the planning success, a rare partial award of costs was also granted against Powys County Council due to its unreasonable behaviour during the appeal process.
The approved development includes the use of the existing scramble track, the construction of a Motocross Experience Centre, seven holiday log cabins, infrastructure improvements and biodiversity enhancements. This project is expected to bring £1.5 million in capital investment, create up to 13 local jobs, and deliver a wide range of environmental enhancements.
Motocross has been a feature at Rhydblawd Farm for over 30 years with some of the UKs best riders benefiting from the track. Rhydblawd Farm was purchased by Nighfly Limited nearly 10 years ago with a vision to transform the site into the UKs first and premier Motocross Experience Centre with a focus on electric bikes. The development was intended to bring significant benefits to Powys as well as regulating the motocross activity at Rhydblawd Farm for the benefit of the community.
DTM Legal are delighted that Nightfly Limited has been vindicated in its commitment to this development and we look forward to supporting our client in delivering a development that will bring significant benefits to Powys.
The costs award, an uncommon outcome in planning appeals was granted due to Powys County Council’s mishandling of several key issues including noise, phosphates, and a procedural adjournment at the start of the inquiry. The Inspector noted the Council’s flawed interpretation of the Lawful Development Certificate, disregard of noise mitigation factors, and lack of cooperation in addressing nutrient neutrality.
The appeal was supported by an experienced team including:
- Martin Carter of Kings Chambers, planning Counsel.
- Doug Hughes of Hughes Architects, planning consultant.
- Malcolm Hayes of Hayes McKenzie, noise expert.
- Dr Paul Ellis of Geosmart, phosphate expert advising on nutrient neutrality.
- Rob Williams of Entran, providing highways and transport expertise.
The legal team was led by Richard Harris, Partner, Dispute Resolution at DTM Legal, who commented:
“We are incredibly pleased to have helped Nightfly Limited secure permission for this exciting project and obtain a partial award of costs. This result is testament to the close collaboration between the client and a strong, multidisciplinary team of professionals. We worked tirelessly to ensure a fair and robust process, and this decision recognises the shortcomings in how the case was originally handled by the local authority.”
Mr Phil Wilding of Nightfly Limited who had the vision to create a leading Motocross Experience Centre in Powys with a focus on electric bikes commented:
“This is a win not just for our business, but for Powys. The development will bring jobs, investment, and new visitors to the area—while protecting and enhancing the local environment. It’s unfortunate that the Council’s conduct delayed these benefits and added unnecessary costs to the public purse. This is a practical example of Senndd member for Montgomeryshire . Russel George MS’s, “continued and serious concerns” regarding the performance of Powys County Council’s planning service and demonstrates the “systemic failures” Mr George highlighted. The Inspector’s decision not only validates our vision for the site but also rightly recognises the unacceptable conduct of Powys County Council. We’re proud to have stood firm and look forward to delivering a development that will benefit the region for years to come”
With specialists in Construction & Engineering, Commercial Property, Property Litigation, and Dispute Resolution DTM Legal is uniquely equipped to advise clients on complex planning and regulatory matters. With offices in Chester and Liverpool DTM Legal supports clients across England and Wales to achieve the best possible outcomes in matters relating to their property and land.
