We were approached by a client who had recently purchased a property in Beaumaris which had been used as flats for over 30 years without any planning permission. As this use had been ongoing for as long as it had we advised our client to apply for a Certificate of Lawfulness to secure the flats.
We then prepared a detailed case setting out detail of the extensive evidence available to prove the longstanding use, and assisted our client and the previous owner of the site with preparing Statutory Declarations to further support the evidence they had assembled. With all the evidence gathered we submitted an application for lawful use. Not too long after the Local Planning Authority confirmed that the use was in fact lawful which has now secured tow attractive flats in thriving seaside town, considerably enhancing the value of their property.
We had submitted a planning application for the erection of 8 apartments back at the start of 2018. After lengthy discussions with the Council the application was refused on the basis of that the Council considered that its “design, siting and appearance constitutes an overdevelopment of the site to the detriment of residential amenity”. We felt that the proposal had a strong chance at Appeal and our client decided to proceed.
We set out a detailed case demonstrating the merits of the scheme and the attention that had been paid to ensuring that the building would be an attractive addition to the area that would ensure that there would be no harmful impact upon its neighbours. In reaching her decision on the appeal the Inspector agreed with our arguments and confirmed that scheme would “have a striking, modern and, in my opinion, attractive appearance” and that it would not have an adverse impact upon its neighbours and would provide a good standard of amenity for its own occupiers.
However the need for a legal agreement on affordable housing prevented the Inspector from allowing the appeal. This is now being addressed in a re-submission which should finally see the development being given the go ahead.
We were approached by a local gymnastics club who had been seeking a suitable premises as a base and training gym and had found a large vacant building on a local business park. Having visited the site it was clear that the building was ideally suited for their needs, but that local planning policy required a strong case to be made as the presumption was that such premises should be retained for use by ‘traditional’ employment uses. Having spoken with the Estate Agent for the premises it was clear that the building had been on the market for some time. This was highlighted to the Council in pre-application discussions and it was agreed that the application could proceed subject to detailed evidence being provided of the search for other premises in and around town centres in the form of a sequential test.
Having presented a detailed case setting out how the scheme addressed the challenges posed by planning policy, as well as highlighting the benefits of providing a base for a key local sports club, we were delighted to receive permission for the change of use. This is great news for our client as they can now continue the growth of their club with the security of their own premises to operate from and which they can build out to meet their specialist requirements.
We were approached to assist on a scheme by our client’s Solicitor as issues had arisen during a sale of the property with the use of building as a holiday letting unit. The building was originally built as a boat house on the banks of the Menai Straits, but had been used as a holiday letting unit for a number of years, but had no permission in place for the use. After discussing the history of the site with our client we advised that they seek a certificate of lawfulness for the use as retrospective consent would not be granted due to the site’s location. Since she had indeed occupied the building as a dwelling for numerous years she had plentiful evidence to support her claim when putting together a Statutory Declaration as part of the submission. We worked alongside her and her Solicitor to prepare this piece of evidence ensuring that it solidified her application. Not too long after submission we received notice from the Local Planning Authority that the application was allowed as the use was in fact lawful. Our client can now carry on with the sale of the property secure in the knowledge that the use of the building has been proven and that any new owner can continue to enjoy the benefit of the holiday letting unit.
Owen Devenport were engaged as the Planning Agents in order to apply for permission for 12 safari tents at our client’s site near Pwllheli, which was an area of agricultural land set close to his property and within the AONB. We prepared and submitted a detailed case which supported the reasons why we believed permission should be allowed. However, the Authority refused the application on the grounds of it impacting upon the “landscape and on the visual amenities of the Area of Outstanding Natural Beauty.” As a team we were rather baffled by this response as we had submitted detailed a Landscape and Visual Impact Assessment which demonstrated an acceptable and limited impact upon the AONB.
Following on from this, our client engaged us a second time to tackle the Authority’s decision through an appeal. Happy to oblige, we submitted a detailed Statement of Case which further argued our points and dissatisfaction with the outcome, and highlighted the features of the original case which showed no harm to the AONB. In due course we finally received the appeal decision which allowed the scheme and which our client was delighted by. He now has permission to site 12 safari tents in a beautiful location.
We were approached by a client whose house had been subject to a Section 106 Planning Obligation which restricted its occupancy and value in an attempt to ensure that it was an affordable dwelling. However, after examination of the agreement and the property’s value it was clear that even when discounted its value was still too high for it to be an affordable dwelling, and indeed that there were many properties available on the open market locally at a lower price. Therefore, we were engaged to submit an application in order to remove the obligation, and we constructed a detailed case showing that the property did not meet the definition of an affordable dwelling. After numerous back and forth with the Local Planning Authority we finally received the sought after permission. Our client can now secure a mortgage on improved terms and has greater flexibility for future extensions to the property.