Laurence Associates - Appeal Success to remove Occupancy Condition
Laurence Associates has recently been successful at appeal following the decision of Cornwall Council to refuse permission to remove an occupancy condition tied to a rural dwelling.
The condition in question required that the dwelling could only be occupied by an employee of the dog kennels business, which sat adjacent to the dwelling. The reason for the imposition of the condition was because the site was within a rural location where dwellings are not normally permitted.
The premise of the appeal was therefore to demonstrate to the Planning Inspectorate that the condition held no planning purpose and that, accordingly, the condition did not meet the 6 tests with regard to whether it was still ‘reasonable and necessary.’
The first of the arguments put forward was that the dog kennel business was no longer functioning, with the buildings in a state of disrepair. The business and buildings themselves met the ‘abandonment’ test. In addition to this, the value of the property was also argued as being a valid reason, with clear evidence provided to show that the property would be unattainable to anyone seeking to work in this sector, giving the likely income it would provide. An argument was also made that the condition was ultra vires, therefore not being a lawful condition and void.
In concluding their decision, the Inspector gave significant weight to our arguments and concluded that the kennels business was likely abandoned and that the dwelling would not be attainable to any likely purchaser that would have been mainly or solely employed at the dog kennel business. Due to these considerations, the appeal was allowed, with the Inspector confirming that the condition served no useful purpose.
If you have had a recent refusal of planning permission and are considering appeal, or are simply seeking planning advice on a project, Laurence Associates, with its highly skilled planning team, would be happy to provide you with some initial advice and to discuss your case in more detail to see what options may be open to you.
Contact us today for a free consultation. Click here to start.
Tel: 01872 225 259
Contact: hello@laurenceassociates.co.uk
