On behalf of our clients we submitted an application to discharge the section 106 agreement which restricted occupancy of their property to a 'local' person. This was refused based on the fact that the Local Planning Authority considered that the obligation continued to serve an useful purpose in forwarding the aims and objectives of the Eryri LDP. However we were aware that another Authority had received a Barrister’s opinion which concluded that such a restriction was unenforceable. Owen Devenport were then instructed by the clients to submit an appeal against the LPA's decision. Having had the house valued prior to the appeal it was clear that even with a reduction of a third in its value it would still be too costly to be considered as an affordable house or one solely available for local occupancy. The Planning Inspector took this into consideration when arriving at his decision which we were pleased to say finally discharged the Obligation and the client now owns a property that is free from any occupancy restriction.
This development took two years to be finally approved much to our clients' delight. (see his Testimonial -Mr Ian Bramham) Initially a Certificate of Lawful Use for the siting and occupation of a holiday caravan was submitted to the Local Planning Authority . The application was successful and following that success an application for planning permission was submitted for a replacement chalet. This was surprisingly refused by the LPA and the client decided to fight on with Owen Devenport retained to conduct an appeal. The appeal decision agreed to the principle of the development but not the siting of the replacement chalet. Finally an application was submitted to re-site the new chalet in accordance with the Inspector's wishes and the battle ended with an approval from the LPA, without this time having to go to appeal. The client now has an approval for a holiday chalet in a much sought after rural location in Flintshire.
Owen Devenport Agricultural were instructed to advise on the application for a Rural Enterprise dwelling for a young couple in Denbighshire. There was already a main farmhouse so the submission needed to persuade the Authority that there was a need for an additional dwelling on the farm. We persuaded the clients to withdraw their original application (submitted prior to our instruction) and look at another more appropriate site. This met with neighbour objections and so the farm's Landlords agreed to yet another alternative siting. Even though neighbours continued to object the strong case put forward allowed the officers to finally recommend approval for a totally justifiable rural enterprise dwelling serving a successful working farm.
We were approached by the owners of a site in Llanfairfechan to assist with an application on land adjacent to their house. They had previously attempted to gain permission for a variety of different residential schemes on their land without success, and they asked us to advise them on the best approach to gaining planning permission. After discussions with them on their ambitions for the site it was decided to pursue an application on part of their garden for a single dwelling as it provided ample space to accommodate a single property.
We then assisted them with securing the services of a local Architectural Consultant and due to the impact of trees on the plot an Arboriculturalist. His advice was crucial in ensuring that protected and other trees on the site were preserved and retained. Following submission of the application we also advised and assisted with securing specialist advice to overcome concerns from the Council and Welsh Water on how drainage of surface water could be achieved for the scheme.
The result was that after many years of abortive applications our clients gained a valuable permission for an attractive dwelling on the site, much to their delight.
A Certificate of Lawful Use has been granted by Anglesey County Council following many months of submissions and providing evidence. Initially, the Council served an Enforcement Notice on our client indicating that the residential use rights had been lost. A subsequent appeal revealed that there was substantial evidence in support and the Council were advised to withdraw the Enforcement Notice by their legal team. A revised re-submitted application was considered by the Council and a Certificate of Lawful Use was finally granted in May 2015 after a two year battle.
Our clients own a converted outbuilding in the open countryside but was clearly too small for their family requirements. An initial application was submitted by themselves which was promptly refused as being too large. Upon our instruction we argued that a smaller extension would be the direction to go rather than fight a refused permission. They agreed and redesigned the extension. Even though we spoke at committee on their behalf and the planning officer was 'sympathetic' to the family's needs this second application was also refused. A third submission was also turned down on the basis that it was too large. A fourth application however was finally approved and whilst not fully meeting the clients' requirements it does give them hope that in the future they could apply to extend again to achieve their ambitions. The clients' tenacity paid off here, but it was disappointing that slavish adherence to a subjective design policy was not interpreted in a more sympathetic manner.