Owen Devenport were instructed to submit an application to discharge the section 106 agreement which restricted occupancy of the property to ‘local’ people but the application was refused. Even though an identical appeal conducted by ourselves was upheld against the same Authority only a few months earlier. Using this first appeal as a clear precedent a strong case was submitted on behalf of our clients once again proving that the cost of the dwelling was not affordable even with a reduction in a third of its value and therefore the planning obligation would not be deemed to fulfil it’s purpose. The Planning Inspectorate took this into consideration and reached the conclusion, which we were pleased to say discharged the Obligation. It is regrettable though that our client had to go through the appeal process when it was evident that the Authority’s decision was flawed.
Our client, a local builder, had acquired a prime housing development site in Menai Bridge on Anglesey. We were his planning consultants on submissions relating to amending designs on the approved plots and amendments to the layout. Following a previous approval on the design for this plot, the client instructed Owen Devenport to submit a further application in order to change the approved design and to make some minor amendments to the finished floor levels. The client believed these new changes would create a higher quality of design appropriate to the area’s character and as a result it would be attractive and appropriate to the existing site and setting. Even though the application was called into the Planning Committee the matter was discussed by the Members and after careful consideration was finally approved resulting in a satisfied and ever returning client.
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.
This development took two years to be finally approved much to our clients' delight. (see his Testimonial -Mr Ian Bramham) Initially a Certificate of Lawful Use for the siting and occupation of a holiday caravan was submitted to the Local Planning Authority . The application was successful and following that success an application for planning permission was submitted for a replacement chalet. This was surprisingly refused by the LPA and the client decided to fight on with Owen Devenport retained to conduct an appeal. The appeal decision agreed to the principle of the development but not the siting of the replacement chalet. Finally an application was submitted to re-site the new chalet in accordance with the Inspector's wishes and the battle ended with an approval from the LPA, without this time having to go to appeal. The client now has an approval for a holiday chalet in a much sought after rural location in Flintshire.
Owen Devenport Agricultural were instructed to advise on the application for a Rural Enterprise dwelling for a young couple in Denbighshire. There was already a main farmhouse so the submission needed to persuade the Authority that there was a need for an additional dwelling on the farm. We persuaded the clients to withdraw their original application (submitted prior to our instruction) and look at another more appropriate site. This met with neighbour objections and so the farm's Landlords agreed to yet another alternative siting. Even though neighbours continued to object the strong case put forward allowed the officers to finally recommend approval for a totally justifiable rural enterprise dwelling serving a successful working farm.
We were approached by the owners of a site in Llanfairfechan to assist with an application on land adjacent to their house. They had previously attempted to gain permission for a variety of different residential schemes on their land without success, and they asked us to advise them on the best approach to gaining planning permission. After discussions with them on their ambitions for the site it was decided to pursue an application on part of their garden for a single dwelling as it provided ample space to accommodate a single property.
We then assisted them with securing the services of a local Architectural Consultant and due to the impact of trees on the plot an Arboriculturalist. His advice was crucial in ensuring that protected and other trees on the site were preserved and retained. Following submission of the application we also advised and assisted with securing specialist advice to overcome concerns from the Council and Welsh Water on how drainage of surface water could be achieved for the scheme.
The result was that after many years of abortive applications our clients gained a valuable permission for an attractive dwelling on the site, much to their delight.