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.
Owen Devenport were engaged to assist with an application to redevelop an un-used piece of scrap land in the village of Clwt y Bont. After initial pre-application discussions with the Council’s Planning and Highways Department it was agreed that a development of three houses would be suitable for the site to take account of the need to ensure that the road serving it could accommodate the new development.
Following initial design work with a firm of local architects the application was submitted to the Council for three detached 3-bed houses, along with a new length of pavement along the road. Discussions were then held with the Authority’s Officer’s to address further points that they raised as well as addressing a wide range of comments from local residents, which resulted in the Officers supporting the application and recommending its approval. Subsequently the application was discussed at Committee, where we addressed the Members and advised them of the extensive work undertaken to ensure that the application was suited to the site.
After consideration of the points made the Committee voted to approve the application, with the result that a piece of unattractive land now has permission for three high quality and attractive homes.
Our clients had erected an agricultural building on their land following the need to provide particular attention and shelter to their sheep herd kept on their holding. They were unaware that they needed planning permission in order to erect the building. The building itself is a suitable, modern design, and a relatively low key addition to the existing smallholding. Owen Devenport were instructed to prepare an application highlighting the necessity of the building and to argue its use in this location. The Local Planning Authority were quick to deal with the submission and were relatively happy with the design and justification for the proposal. We were pleased to receive the planning approval therefore allowing our clients to keep their Agricultural Building.
Our client owned a piece of land in Talwrn, near Llangefni, upon which he wanted to erect a new dwelling. The plot would constitute a site that would be immediately adjacent to the developed part of Talwrn which would therefore fall under the appropriate planning policy being set immediately adjacent to existing development. A similar proposal had already been approved on an opposite plot which gave support for the permission being sought. Owen Devenport having recently secured numerous planning permissions of a similar nature were able to advise the client accordingly and presented the Local Planning Authority with clear evidence backing up this particular proposal. The Planning Authority were in total agreement with our proposal and our client was therefore delighted when planning permission was granted without objection.
Our client wished to demolish three existing dwellings on her site in Llannor, Gwynedd, and to then replace them with a single new dwelling. The reason for this was mainly due to the fact that the dwellings were of poor structure and had no architectural or historic merit and as a whole were unsuited to the character of the area. This new dwelling had been designed to be of high quality and would be better suited in terms of the village setting, character of the area, and was a more sustainable approach. An original application had been refused as the replacement dwelling was not fully located over the whole of the existing footprint yet the reason for this was the fact it was near impossible to place the dwelling on this footprint. We therefore resubmitted the application which again faced officer disapproval in terms of the new dwelling’s location. Following a detailed reasoned argument as to the new location, the application was then referred to the planning committee where we represented our client. Through a sympathetic and understanding planning committee our client was granted permission for a suitably located replacement dwelling and she was naturally delighted.