We were engaged to advise a developer following refusal of a proposal to re-develop the site of a former Youth Hostel to provide 6 flats and 3 bungalows, which included two affordable dwellings, on the grounds that the all of the proposed dwellings should be affordable and restricted to occupation by local persons only, owing to concerns over the impact upon the local community and Welsh language.

Following a detailed consideration of the grounds for refusal we recommended that an appeal should be submitted. Our submissions criticised the Council’s approach to the proposal and the lack of evidence presented to support their stance that the proposal would harm the Welsh Language, or that the entire site should be for affordable housing. Having considered our evidence and the Council’s case the Inspector granted the appeal citing the clear lack of evidence to support the Council’s position.

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This development has taken another turn, when an amended scheme was submitted by our clients that increased the density and also the number of affordable dwellings. Once again the National Park Officers recommended approval, but the Snowdonia National Park Authority's planning committee turned down the application contrary to their officer's advice. Owen Devenport were once again retained to conduct an appeal, only this time it was felt that there could be a case for costs against the National Park. Having heard the Park's case, it was decided that they had not produced sufficient evidence, and indeed a claim for costs was made. The Inspector agreed with the appellant's case and allowed the development, but also agreed with us that the evidence produced by the Park Authority was insubstantial and also allowed the claim for costs. This means that the Snowdonia National Park will be hit for thousands of pounds in compensation for their actions in this appeal.