A two step planning process was followed to achieve the removal of an agricultural occupancy condition on a house in Dover, Kent where the occupant couldn’t get a mortgage as a result of the planning condition.
Ms Elgar had been living in her home for over 10 years and did not comply with the agricultural occupancy condition, however a Certificate of Lawfulness to regularise the breach was insufficient to allow a full residential mortgage. Carver Knowles therefore recommended that a two application process was followed firstly to obtain a Certificate of Lawful Use to protect Ms Elgar’s current occupation then seek a Section 73 application to get the tie removed completely. This meant that no marketing was required and the applications could be dealt with in a timely manner.
Once the tie was lifted there were no issues with the mortgage and Ms Elgar could go ahead with the property improvements as planned.