Local occupancy restriction removed in Eryri National Park

We received excellent news for one of our clients this week after we successfully sought the removal of a Section 106 Planning Obligation that restricted their home to occupancy by local persons (i.e. people living within 30 miles of the house).

Unfortunately, they had been unaware of the restriction when they bought their home as it had not been brought to their attention during the search process, and they only became aware of it when it was brought to light by someone looking to buy their home. This not only lead to the sale falling through, but also meant that they were faced with the prospect that their property would be worth at least 35% less than they had thought, causing serious issues for their future plans.

We argued to the Authority that the restriction served no planning purpose as even with it in place the value would be too high for the property to be considered an affordable home as there were many equivalent houses available on the local market for a lower value. In addition, the income required to buy the home would palace any occupier well outside any definition where they would be in affordable housing need. We were also able to draw on our successful history across the region of making such cases and cite a number of comparable decisions and appeals.

The Authority accepted these arguments, and also that there was no proper basis for requiring a commuted sum payment in such a case as there was no policy support for this in their LDP.

Our clients have now been able to put their home back on the market secure in the knowledge that it is worth what they had expected and can be sold free of restriction.

We are always happy to advise on such cases as the nuances of policy and the individual situation are key to achieving a successful result.