Owen Devenport were instructed to submit an application to discharge the section 106 agreement which restricted occupancy of the property to ‘local’ people but the application was refused. Even though an identical appeal conducted by ourselves was upheld against the same Authority only a few months earlier. Using this first appeal as a clear precedent a strong case was submitted on behalf of our clients once again proving that the cost of the dwelling was not affordable even with a reduction in a third of its value and therefore the planning obligation would not be deemed to fulfil it’s purpose. The Planning Inspectorate took this into consideration and reached the conclusion, which we were pleased to say discharged the Obligation. It is regrettable though that our client had to go through the appeal process when it was evident that the Authority’s decision was flawed.