Owen Devenport successfully concluded a 4 year battle to secure consent on a residential site of 8 dwellings in Holyhead. The original application was submitted by another agent in 2008 and a number of issues cropped up during consultation stage. As time went by, the application became increasingly frustrated at the amount of information required by the Local Planning Authority in order for permission to be granted.
The matter was further complicated in that part of the site was outside the adopted development boundary for the town. We were instructed by the applicant in November 2011 and dealt with each of the issues that were complicating the consideration of the application. After, the cooperation and support of the Planning Officer, permission was finally secured in July 2012 for the erection of 8 dwellings much to the relief and satisfaction of our clients.
A Local architectural consultant had submitted a planning application for the refurbishment of a former farmhouse near Llanrwst in Conwy. However, the Local Planning Authority were of the view that the residential use rights had been abandoned and that the application now constituted the conversion of a disused farm building in to a dwelling.
Owen Devenport were called in to assess the legal and planning implications of the Council's stance. If the LPA were correct, then the application would not accord with their policies and it is unlikely that permission would be forthcoming. However, it was our opinion that in legal terms the residential use had not been abandoned.
Numerous case studies and areas of case law were examined in order to prove that even though the property had been empty for some 50 years this still did not constitute abandonment in the eyes of the Law. A detailed planning statement was put together for the client who then submitted this to the LPA as part of the planning application.
After much deliberation the LPA changed their view and on the evidence of our submission it was accepted that the property still had it's residential use rights and as a consequence, planning permission was granted.
Our client owned a restaurant in Upper Mostyn Street that had a restriction that no takeaway meals were to be provided. An application was made to have this restriction removed but the Local Planning Authority refused permission. In a subsequent appeal Hearing, there were many neighbour objections and the Council felt it would also harm the status of the Conservation Area. The appellant offered to close the take away facility at 11.00pm, but the restaurant had no such restriction. The Planning Inspector however disagreed with the Council that any harm would arise as a result of this takeaway facility. In allowing the appeal he concluded, " The premises already functions as a restaurant and a take-away associated with that use would not undermine the broader aims of (planning) policy. Limiting the opening times...will minimise the adverse impact on occupiers of adjoining properties and preserve the character of the Llandudno Conservation Area."