Our client wished to erect a dwelling along with a few associated works that involved the demolition of an existing garage in order to erect a new double garage along with the creation of a vehicular access and garden area. The site had previously been granted permission to erect a single dwelling but had now expired. Owen Devenport applied for a new permission and justified why the new (larger) design was an improvement over the old design. After due consideration the application was granted and allowed the client to proceed with his ideal home in a rural Anglesey village.
Our client wished to erect a small detached bungalow on a brownfield site in his ownership. As the appointed planning consultants we put together an application to submit to the Local Planning Authority to demonstrate that the development was in line with all the relevant planning policies. However it was several months later before the LPA agreed with our contention and even insisted upon an application for Lawful Use be submitted (for the existing use). When this was approved the LPA were then and only then, disposed to approve the original application. A frustrated but satisfied client now has the planning permission he required.
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.