Section 106 Agreement discharged on appeal

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.