Planning Success Over Occupancy Restrictions and Existing Use

Sheldon Bosley Knight Planning and Architecture

On the 29th of July 2019 the Planning & Architecture Department at Sheldon Bosley Knight received approval for a Certificate of Lawfulness Application to allow an agriculturally tied dwelling to be occupied in breach of the condition indefinitely.

The bungalow had received planning consent in 1985 as a market gardener’s dwelling with occupancy restricted to those employed or last employed in agriculture. Under a legal mechanism within the planning framework it is permissible to apply to continue to occupy a dwelling subject to an occupancy condition in breach of this restriction if you can provide evidence that this has already been done continuously for a period in excess of ten years.

Evidence from the Applicants, the previous owner and the tenant was provided and consolidated into a Statutory Declaration by the Planning Department at Sheldon Bosley Knight to support a continuous breach for the past twelve years in excess of the ten year minimum requirement. This information when counter signed by a solicitor became a legal document which was used to support the Certificate of Lawful Existing Use application to Wychavon District Council.

Wychavon District Council concluded that on balance the information provided demonstrated that the property had been occupied in breach of the agricultural condition for a continuous period in excess of ten years and, in the absence of any contradictory evidence, they approved the application.

If you have property with occupancy restrictions and would like to explore the options available, please contact the Planning and Architecture Team on 01789 387887 or visit the Planning and Architectural pages of our website.