Planning permission has just been granted by a local planning authority for a new house in the open countryside – without any form of occupancy condition.
Normally such permissions would be viewed as being contrary to established national and local planning policies for the protection of the countryside.
However in this instance our client already lived on the site in a caravan that had been on site for more than 10 years. Prism had already established the legality of this by obtaining a Certificate of Lawful Development or CLEUD. This certificate became a material consideration in the determination of a recent planning application for a new dwelling on the site.
Prism Planning presented a comprehensive planning statement with the submission, supported by appeal precedents relating to how CLEUDs had been taken on board in similar situations around the country. As a result, the LPA were convinced the case was robust and granted planning permission for a permanent dwelling.
A very nice outcome for the client and a successful win for Prism!
Prism Planning have just succeeded in getting a Certificate of Lawful Development relating to an occupancy condition attached to what was once a forestry workers house in Richmondshire. The effect of the Certificate allows the occupants to either live in the house without needing to comply with the condition or sell the house without new purchasers having to comply with the condition.
It is a little unusual to encounter an occupancy condition which restricts those living in a property to be being ‘foresters’ but that’s just the problem we faced. When the original consent for the house was issued in the 1960’s, it supported an active timber yard where trees were cut into usable timber. The next generation of business owners decided not to cut up timber but instead to import pre-cut timber. This was used to build an array of products from fencing panels through to garden sheds. Somewhere along the way, the business stopped being a forestry enterprise and became a manufacturing business. No one appreciated this subtle but important change.
As part of their retirement proposals the owners were looking at the prospect of selling the house but found its value much reduced by the condition. With Prism’s help, they were able to show the Council that as the business had evolved, the condition had been breached for a considerable amount of time and no longer served any purpose. The Council agreed and issued a Certificate of Lawful Development without any debate or concern.
The case presented an unusual set of circumstances, not least of which was finding a useable microfiche reader in the area, but we were very pleased to be able to suggest an approach that worked for the client with the minimum outlay of time and expense and a wonderful end result. We wish our clients many happy years of retirement!
A Lawful Development Certificate has been granted by Hambleton District Council relating to a farmhouse that was built more than 40 years ago and was originally subject to an agricultural occupancy condition. The farmer who occupied the property is sadly no longer with us and his executors were seeking the best manner in which to dispose of the property. The original occupancy condition severely restricted the open market value of the property and it was only by a chance remark that it became apparent that the property was never built in the position in which it was originally approved, having been re sited by the farmer without consent from the LPA, to take advantage of better views down the valley.
Relying on up to date case law, Prism Planning were able to persuade the Planning Authority that the original consent had not been lawfully implemented and that as a result, the originally intended occupancy condition no longer had any legal “bite”. As the property had been built more than four years ago, the resultant building was free of the occupancy condition leaving the executors to market the property as an ordinary dwelling and obtain the full market price for it.
This is a very unusual case and one that we don’t think is likely to feature commonly. However the case outlines that it is important to lawfully implement a planning permission in order for any conditions to practically take effect on a project. Where a development has not been lawfully implemented it may well be worth a discussion with Prism to see whether any practical advantage can be taken of such a situation.