We were contacted by a Local Architect to assist with a site where an application had been recently refused for a new dwelling as the Council had considered that the previous design would be out of character with the area and would harm neighbouring residents’ amenity. The Architect had produced a new scheme but the Council had stated in discussions with her that they did not feel that their concerns had been overcome.
We visited the site and looked over the new scheme and felt that the changes made had addressed the grounds for the previous refusal. We then put together a detailed submission setting out the changes made in the new scheme to ensure that the proposal would not harm neighbouring residents’ amenity, and setting out a detailed assessment of how the proposal would reflect the character of other development in the area.
Following consideration of our arguments the Authority agreed with our case and approved the application, with the result that our clients have gained a valuable permission for a new dwelling.
A homeowner contacted us to assist with a refused application to retain an extension built to his house without permission. The application had been refused by the Council as they were concerned that the garden area left for the property was too small to be acceptable. Having examined the plans of the building we considered that the extension was only a small amount larger than that which could have been built without the need for planning permission. In addition our client was also willing to remove an existing garage which would help to address the Council’s concerns.
We put together a case highlighting the above, and submitted it alongside improved plans prepared by a Local Architect, which resulted in the Council approving the application and allowing our clients to retain their addition to their home.
Our client wanted to lay down a new track and improved access to her development, which was for the conversion of outbuildings into 4 holiday dwellings. The Local Planning Authority supported the application saying it was akin to any other agricultural track in the area. However the Planning Committee saw fit to refuse permission.
In the ensuing appeal the Planning Inspector had no problem in allowing this track, which in his view had substantial benefits in terms of an improved access onto the adjoining highway. He took full account of the neighbour’s objections and dismissed them as having any planning substance. He allowed the appeal with conditions and a very pleased client was delighted at the outcome.
Our clients had purchased the main property, a bungalow, with the chalet in place within its grounds. This had been there for a number of years but had never had planning permission for holiday letting. The owners innocently let the chalet for holiday purposes but were halted following intervention by the Local Planning Authority. Owen Devenport were instructed to prepare an application to retain the holiday use of the chalet, which had been in situ for some 35 years. The LPA refused permission in spite of considerable supporting evidence, and so the clients promptly instructed an appeal.
The Planning Inspector in allowing the appeal noted that past uses had been made of the chalet for residential letting and holiday letting and agreed with us that the chalet would remain whatever the outcome of the appeal and as such there would be no difference to the character of the landscape. He also noted that the area was characterised by a number of caravan parks and that the Council's arguments(and their policies) were aimed at preventing new caravan parks as opposed to single chalets with a history of holiday letting stretching back a number of years. The delighted clients were relieved and can now continue their holiday letting business.
Halen Môn were in the throes of constructing their new factory unit, when they realised that permission for the old one, which was a temporary permission, was about to expire. This would, technically, have left them with a factory without permission and another not completed. They turned to Owen Devenport for advice and an application was made to extend the temporary permission to enable the company to continue trading without having to rush the completion of their state of the art manufacturing plant. Permission was actually given for another full 5 year term, although Halen Môn want to move in to their new unit, understandably, as soon as possible.
The client wanted to sell his farm which had for many years had two chalets/caravans on site. These were used for holiday letting, family stays and so on, but did not have planning permission. Furthermore bearing in mind the site's location in open countryside such permission would not be forthcoming. Owen Devenport advised that the best way forward would be to secure a Lawful Use Certificate, having regard to the evidence that was available.
Consequently the client was asked to prepare Statutory Declarations and from other third parties who could testify to the existence of the chalets/caravans being on site and in use for more than 10 years. After suggestions from Owen Devenport the final documents were prepared and submitted as part of a formal application for a Lawful Use Certificate. After many months of deliberation the LPA finally agreed that 'on the balance of probability' these units had been on site for more than10 years for the uses described and a Certificate was issued securing their immunity from enforcement action. These units could be replaced with same size units that conform with the definition of a caravan and the facilities can be upgraded, which potentially adds value to the property. Although a long wait, the client was finally very pleased with the outcome.