Success Securing the Lawful Implementation of Residential Development in Pembrokeshire
IPS were instructed on behalf of our clients, to submit a Section 191 application for a Certificate of Lawful Existing Development (CLEUD) confirming that the commencement of residential development on the site at Barley Park, Begelly, Pembrokeshire was lawful. This would enable the client to complete their sale of the land and completion of much needed dwellings in the area.
Outline planning permission for residential development was approved on the site on 1st April 2014, and subsequent reserved matters approval, detailing the design, layout and development of 21 dwellings on 3rd August 2017. Evidence was submitted to discharge the necessary conditions precedent to Pembrokeshire County Council (PCC), however the Local Authority determined that insufficient information had been provided to discharge all of the conditions. Since the approval of the reserved matters detailing and submission of required conditional material to the Local Authority, development commenced on the site, including preparatory drainage works and construction of access roads.
Thus, development had commenced on site, without the full discharge of all the required conditions precedent, and it was agreed with PCC that a Certificate of Lawfulness, would be the correct approach to resolving matters pertaining to the commencement of development and in identifying those outstanding matters and details required for the discharging of residual conditions precedent.
Notwithstanding the outstanding conditions, the case presented by IPS demonstrated that the conditional requirements would not have amended or impeded the permitted form of development, in both principle, layout, scale and appearance. The commencement of the development on the 1st August 2019, was in accordance with the legal timescale requirements of the both the outline and reserved matters approval. IPS also demonstrated that none of the outstanding conditions go to the heart of the consent as defined in the legal case of R (oao Hart Aggregates Ltd) v Hartlepool BC  EWHC 840 (Admin) and thus the development has been lawfully implemented.
IPS is pleased that officers at PCC agreed with the arguments presented on behalf of our client. The site at Barley Park is a suitable and sustainable location for residential development, with no constraints which would delay this site being brought forward. This is highlighted through the grant of outline permission and reserved matters and the allocation of the site in previous iterations of the Local Plan. The site and the delivery of 26 dwellings is noted in PCC’s housing land supply, and the site is immediately deliverable and available to contribute to much needed housing stock within the locality. PCC are progressing a new Local Plan and IPS will monitor this to safeguard our client’s interests.