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
Our clients were referred to us by local Architects, Russell-Hughes of Anglesey. They had secured permission for an extension to a dwelling, but this had included a condition for a Management Plan to be submitted for a shared Septic Tank. However, the septic tank did not belong to our clients, although they had full rights to use the facility. Neighbour objections were proving a barrier and we sought to negotiate with the LPA that the condition was, under the circumstances, unreasonable. After a great deal of deliberation an application to delete that condition was successful and finally the clients could proceed to build their extension without the unworkable and overly restrictive condition. All conditions on planning approvals must meet six tests, if they fail just one of those tests then they are deemed unreasonable and should be removed.
Our clients' family were granted permission (via the services of Owen Devenport) to secure a building as an office for their business. Following permission to relocate the office to another part of the site the building was surplus to requirements and as such its conversion to a dwelling was the most logical use. However this was not the commercial use that planning policy was directing such development towards and so we had to prepare a strong case as to why this building was in fact unsuitable for any other business use. It took many months of deliberation by the LPA and there was substantial liaison with the officers throughout. The LPA finally agreed that it was the only suitable use, even though the property was technically located in open countryside. A delighted client now has permission for new offices with showroom as well as a new dwelling on the site.
Owen Devenport have succeeded in securing planning permission for two contemporary dwellings in the beautiful countryside at Rhoscolyn in Anglesey. This was a case of having to lawfully prove that in the first instance the client had an established residential use on his existing cottage, a fact that the LPA originally disputed. We successfully obtained a Certificate of Lawful use on the small holiday cottage and then sought to obtain planning permission for a modern replacement dwelling which was subsequently approved.
Adjoining the client's property was a plot with a very old permission. However it appeared that building works had indeed been started and if a case could be proved that a material start had been made, then an extant permission could well exist. We set about proving the case again through a Lawful Use application. This was again approved by the LPA and so the client now had an extant planning permission for an additional plot. Having secured the permission, it was then necessary to deal with an outmoded local needs condition. A strong case was put forward to the Council as to why this condition was no longer relevant to planning, and following due consideration they agreed and discharged the Section 106 Agreement restricting occupancy to a local person.
However the original plans were very outdated and unsustainable in today's design conscious environment. So, along with the Architects, Matt Jones of Deganwy (who also designed the replacement for the cottage adjoining) we set about designing another contemporary dwelling that complemented the replacement dwelling alongside. The result is shown here and planning permission was finally obtained.
The delighted client now has planning permission for two new sustainable, modern dwellings in open countryside in the sought after location that is Rhoscolyn after 3 years of persistence and legal battles. Neither dwelling has any restriction on occupancy either. This has been one of the highlights of Owen Devenport's level of service to an appreciative client and the result has been an outstanding scheme, with acknowledegements to the client's Architects who have prepared a superb set of designs.
Our client approached us with a view to converting a Listed Chapel into a dwelling. This was a delicate development because not only was the building Listed but the site was very small with little room to manoeuvre with regard to extensions. Dialogue then ensued with the LPA's Conservation Officer and agreement was reached, with the the assistance of the architectural designers on what could be achieved within the confines of the site. Applications were then submitted for planning consent and Listed Building approval, which were favourably obtained following the pre-application discussions and further changes during the course of the handling of the application. a successful conclusion to a potentially difficult and sensitive development.
Owen Devenport were instructed to prepare an application for a Certificate of Lawful Use on a substantial barn that had been re-sited many years previous.
The barn was alongside the original barn conversion, Llanerchgron, Pwll Glas near Ruthin (pictured). The client was meticulous in his detailing of the construction of the barn and it appeared to us there was a strong case for the building having been in existence in its completed state for more than 4 years.
Having collated all the information, we then liaised with a local Solicitor, who drafted a carefully worded and accurate Statutory Declaration, that set out all the details of the building works that had taken place, and so proving that the building as erected was immune from Enforcement action. A strong case was then put together by ourselves and an application was duly submitted to Denbighshire County Council which was promptly approved by the Local Planning Authority.
A delighted client no longer has to worry about possible enforcement proceedings and the barn (pictured below) is now safe from any such action.