We were approached in order to submit an application on behalf of our clients for the erection of 1 no. dwelling on their site at Colwyn Bay. The site in question formed part of an extensive garden being part of the client’s property which was generally a disused area of land and far too large for the client's existing dwelling. The proposed design is for a high-quality dwelling with an attractive modern design that would reflect other properties in the area. Following constructive discussions with the Local Planning Authority after submission, minor amendments were made to the design and we were pleased to receive approval allowing our client to begin work with their plans.
Owen Devenport were approached in order to prepare and advise upon an application to divide a substantial detached property into 2 no. separate dwellings. The property is situated in a rural location among a small cluster of properties to the south-west of Llanfair Dyffryn Clwyd. The dwelling is a Grade ll Listed Building and its gardens are included on the Register of Landscape, Parks and Gardens of Special Interest with a Grade II listing in that register.
As the property is of a highly sensitive nature we initially submitted a pre-application enquiry to the Local Planning Authority proposing the small changes necessary in order to divide the building appropriately. The property had already once been separate dwellings therefore there was only minimal works necessary to separate it once again. After numerous discussions with the Local Planning Authority we came to an agreement of how the 'new' dwelling could be justified and were then instructed to submit a full planning application as well as the application for Listed Building Consent. Following submission, we addressed a number of smaller issues raised by local residents and consultees. The end result was that consent was granted for the scheme allowing our client to press ahead with their plans for their much-loved building, which they had renovated to a very high standard over a number of years.
Our client owned an outbuilding which formed part of a cluster of substantial buildings associated with their main dwelling in Pentre Berw in the centre of Anglesey. Owen Devenport were instructed in order to set out a case to back up the proposal in order to convert the existing building to a dwelling with some associated works. The scheme was designed to a high quality in order to reflect and retain the character and form of the buildings whilst allowing their conversion into an attractive residential unit. However the main stumbling block came from the highway authority who objected on the basis of the sub standard access. There followed intense discussions with the highway officers and various amendments were tabled. In the end the suggested changes were deemed acceptable and permission was finally secured. We were extremely pleased to present our client with the permission they had so desperately sought.
Owen Devenport were instructed to put together an application in order to erect a new dwelling at a site in Rhosybol on Anglesey. The site would form a minor addition to a cluster of dwellings which forms part of the village. The impending change in policies meant that the application had to be dealt with quickly and to this end Owen Devenport acted swiftly. Having already secured numerous permissions of a similar nature, we were confident that a strong case could be made. However after initial concerns expressed by planning officers we managed to negotiate a scheme that became acceptable to both the client and the LPA. Our client was naturally relieved and delighted when planning permission was finally granted.
Owen Devenport were instructed to submit an application to remove a section 106 planning obligation which was originally imposed to reduce the value of a dwelling to make it affordable to local people. However, it was clear that the value of the property was far beyond the level that could be considered to be affordable even when its value was reduced by the level required in the obligation.
We submitted a detailed case to the Council including valuations from local surveyors and calculations of the required income to finance a mortgage on the property to show that the price of property even when discounted was beyond the reach of local people in affordable need. We also provide details of a number of other properties on the available on the open market locally that could be bought for less than the value of the property. We argued that the result of the agreement was simply to discount the value of the property for local persons who could already afford a property on the local market, and so it was not justified for planning purposes.
The Council disagreed with our stance insisting that the property was made more affordable by the Obligation, and that the applicant should following the marketing process set out in the obligation to tests whether the dwelling would meet local affordable needs.
Having considered the Council’s decision we advised our clients to appeal, and made our case on the lack of affordability of the dwelling, the availability of dwellings on the open market at a lower price, and that to require our clients to follow the marketing procedure in the obligation despite the fact that the property was not affordable would be a meaningless exercise as the property could not be considered to be an affordable dwelling. The Inspector agreed with our arguments on all points and allowed the appeal and removed the planning obligation.
Owen Devenport were instructed to submit an application for a Certificate of Lawful Use for the use of land as a camping site. Evidence was submitted that the land had in fact been used as a camping site in excess of 10 years without planning permission. The evidence was carefully gathered from past owners as our client had only recently bought the property, a local pub with a camping site. It had clearly been used without interruption for the specified period of time and as such there was no reason why a Certificate of Lawfulness could not be issued. The application was dealt with by the Council in a timely period and was granted. The new owner of the public house is naturally delighted as this was an important income stream for her.