Town Planning Case Studies
- Halen Môn seek Owen Devenport's expertise
- Lawful Use granted on Chalet and Caravan
- Holiday Occupancy condition deleted
- House Sale proceeds after Lawful Use proven
- Holiday conversion success in Abergele
- Drainage condition deemed unworkable
- Dwelling conversion allowed in Betws yn Rhos
- Listed Chapel approved for conversion
- Two new dwellings in rural location
- Lawful Use secured on re-sited barn
- Holiday Lodges restriction removed
- Section 106 discharged in National Park
- Farm Diversification project completed
- Replacement dwelling at Rhoscolyn Anglesey
- Industrial Premises, St. Asaph
- Guest House, Llandudno
- Sites at Glyn Garth, Anglesey
- Pen Barras Lodge, Llanferres
- Penrhos Retail Park, Holyhead
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.
The clients having bought the property at Nant Lais, Village Road, Llanfairfechan back in 1999 had been using the building as a dwelling for over 10 years. Prior use of the building was as a coffee shop which had ceased approximately four years before our clients became owners of the property. The owners now wanted to sell their property but it had never obtained a change of use from coffee shop into a dwelling. As part of the selling process they were asked to prove it had been used wholly in domestic use and therefore contacted their Solicitor in order to write a Statutory Declaration. Owen Devenport were brought in to prepare the application for a Lawful Development Certificate in order to ensure a comprehensive submission was made. Conwy County Borough Council Granted the Lawful Use Certificate and our clients moved on to sell the property with the purchasers now satisfied that the use as a dwelling was lawful.
Owen Devenport were initially instructed to submit an application to remove a holiday occupancy condition on a previous approval for conversion of outbuildings into 3 holiday units. Following consideration of the application, and the introduction of the new LDP during such consideration, new policies had come into force.
Owen Devenport were retained by clients who were being subjected to enforcement action by the Local Planning Authority. The clients were wanting to convert a disused outbuilding into a dwelling but this was contrary to policy and work had been done to this end without the benefit of planning permission - hence the enforcement action. Our advice was to obtain planning permission for the conversion into a holiday letting unit. This was taken on board by the clients and an application was duly submitted. The clients also had a valuable input and prepared a business plan which supported this development. This was submitted with the planning application and together with other supporting documents prepared by Owen Devenport the Local Planning Authority finally granted planning permission for a holiday dwelling, with strict conditions on holiday occupation only. So, the clients work on conversion was not wasted and they can now put the building to good economic use for the future.