Section 106 discharged in National Park

The clients had built a substantial property in the National Park, but which was subject to a local occupancy restriction within a Section 106 Agreement. Owen Devenport were instructed to try and remove this restriction and a formal application to discharge the Section 106 was made. The National Park in Snowdonia refused to discharge the Agreement and after an initial appeal was stopped due to legal issues, a further application was made. A number of more recent case law studies were brought forward as well as recent successes Owen Devenport had had with other Authorities in discharging local occupancy conditions. After years of negotiations the National Park Authority finally agreed to discharge the Section 106 Agreement and leaving our clients with a freehold property unencumbered from any occupancy restriction.