Our client was served with an Enforcement Notice (EN) alleging that he had constructed his chalet (his home) within the past 4 years without the benefit of planning permission. He was asked to ultimately pull down the family home which would have devastated the client and his family. He sought the advice of Owen Devenport prior to the Enforcement Notice being issued and the client was advised to amass evidence to prove that the building had been substantially completed more than 4 years ago and thus make it immune from Enforcement Action by the Local Planning Authority.
This resulted in an appeal against the EN which had to be dealt with by means of a Public Inquiry. Such was the mountain of evidence we had gathered this one day Inquiry turned into a three day Inquiry. The evidence in support was considered consistent and true and our client was supported at Inquiry by a Barrister from King's Chambers in Manchester - instructed by Owen Devenport Ltd.
In his decision the Inspector gave substantial weight to the appellant's evidence which "paints a consistent picture" . He went on to state that the appellant's evidence was sufficiently precise and unambiguous and that the Council's evidence was such that it did not undermine or contradict that put to the Inquiry by the appellant's team.
A truly relieved and delighted client (and his family) received the decision, quashing the EN stating that it was too late to pursue Enforcement action and so the building as a dwelling house can remain. This was a protracted and sensitive case which had far reaching repercussions not only for the appellant but also for the Council.
Our clients had purchased a touring caravan park which needed updating and would also benefit from expansion. Although there was one area used for tents previously, it did not have planning permission. Owen Devenport were drafted in to look at the possibility of expanding the Park and recommended that many environmental improvements would be required to upgrade the site. A local Architect was appointed and together a strong case for permission was put forward, following a detailed analysis of the policies. Careful consideration had also to be given to a nearby Listed Building, but the overall Landscaping Plan was considered acceptable by the Local Planning Authority and our delighted clients are now the owners of a much larger site with ultimately some 41 touring caravan pitches. The completed development will be a credit to the area and will offer a huge boost to tourism for Nefyn and the surrounding area.
Owen Devenport were initially instructed to submit an application to remove a holiday occupancy condition on a previous approval for conversion of outbuildings into 3 holiday units. Following consideration of the application, and the introduction of the new LDP during such consideration, new policies had come into force.
The clients having bought the property at Nant Lais, Village Road, Llanfairfechan back in 1999 had been using the building as a dwelling for over 10 years. Prior use of the building was as a coffee shop which had ceased approximately four years before our clients became owners of the property. The owners now wanted to sell their property but it had never obtained a change of use from coffee shop into a dwelling. As part of the selling process they were asked to prove it had been used wholly in domestic use and therefore contacted their Solicitor in order to write a Statutory Declaration. Owen Devenport were brought in to prepare the application for a Lawful Development Certificate in order to ensure a comprehensive submission was made. Conwy County Borough Council Granted the Lawful Use Certificate and our clients moved on to sell the property with the purchasers now satisfied that the use as a dwelling was lawful.
This was the second application instructed by Ifor Williams Trailers Ltd, this time for their site located at Ty’n Llidiart, Corwen. As the company had grown in size over the past few years they had decided their building was in dire need of an upgrade. Their ambitions showed proposals for alterations and extensions to the existing office area along with associated changes to the parking arrangements.
Owen Devenport were instructed by the well known company Ifor Williams Trailers Ltd in order to prepare a planning application to submit to Denbighshire County Council on their behalf for their site at Cynwyd, Denbighshire. Ifor Williams Trailers are well known for the manufacture of high quality trailers and over the years the company has expanded in size and staff and visitor car parking had become a problem. Previously they had bought land surrounding their site which contained an old dwelling, and as part of this application they proposed the demolition of the dwelling in order to expand their existing car park The company had leased an old pub car park over the last few years which proved unsatisfactory for the company and its workers’ needs. Further to this a few minor amendments were proposed to their existing access in order to create a better and safer access.