Second Homes Condition set aside on appeal

A recent appeal decision has led an Inspector to dismiss a condition restricting ownership of approved 'open market' dwellings in Abersoch. The development at Abersoch Land and Sea was initially approved for 9 dwellings, 3 of which were to be 'affordable' dwellings. However Gwynedd Council wanted to impose a condition restricting occupancy on the 6 remaining dwellings, which meant they could not be used as second or holiday homes. A request to lift the condition was denied and so a 2 day Public Inquiry was held in late 2011. The Inspector's decision found against the Council and he determined that the condition failed many of the tests of imposing conditions on planning permissions. This was a landmark decision that Owen Devenport advised from the outset in conjunction with Kins Chambers of Manchester.