Abandonment issue in planning application

This was a successful planning application and listed building consent for works to a shepherd’s cottage, Bwlch Du (a listed building) adjacent to a wind farm – defeating arguments that the property had been abandoned which were relevant to the owners’ rights to use the property as a residence, to seek enforcement of noise and shadow flicker conditions.

The local council had approved the construction of the wind farm, on the assumption that the property, Bwlch Du, had been abandoned.  Bwlch Du was later purchased by our clients and they planned to renovate it. There had been an assessment of noise and shadow flicker at surrounding residential properties during the application process; as Bwlch Du was not included in this assessment as a residential dwelling, it meant that there was an unacceptable level of noise and shadow flicker being experienced by our clients once it became operational.

It became important to establish whether residential rights had been lost (due to abandonment) in our clients’ own application to renovate the property, mainly because if our clients were entitled to reside there, the clients could rely upon the noise conditions imposed on the wind farm and the operation of the wind farm could be severely curtailed.  The council planning officer recommended rejection of our clients’ application (strongly supported by the wind farm owners) but in light of representations we made on the issue of abandonment, the application was approved by the committee (and not challenged in Court by the wind farm via Judicial Review).

Mark Davies, was instructed as Counsel, and appeared at the planning committee on behalf of our clients.