The dwelling was built in 1972 to support the development of a new farm building complex at that time. The dwelling had since been sold to a non- compliant family member who had occupied the dwelling for 14 years. During the initial appraisal of the site it was clear that the dwelling had not been building in accordance with the approved layout plans. The plans were challenging to interpret due to their imperial scale and poor quality. However it was very clear the house was approximately 6 metres further south than it should have been and the road access was further to the west than the approved plans.
The client therefore had the opportunity to apply to the council for immunity on either the use or the development of the house. As the application for a Certificate of Lawful Development would result in the permanent removal of the agricultural occupancy condition this route was chosen.

Tewkesbury Borough Council accepted the positioning of the dwelling and associated access was materially different to the approved plans and that the dwelling had been built for more than the required four years. The dwelling had therefore gained permanent immunity and the agricultural occupancy condition was no longer relevant.

Alternative methods of removal

The removal of an occupancy condition is dependant on a variety of factors including, but not limited to:

  • The local planning policy
  • The date the original consent was issued
  • The situation of the property
  • The size and scale of the property
  • The use of the surrounding area

This means that to get a successful planning application each of these aspects have to be reviewed to ensure the application will be supported by local planning policy. Our two step appraisal process leads the way in identifying creative routes to occupancy condition removal where necessary. One planning officer in Herefordshire commented in his delegated report that our application was ‘unusual approach but not necessarily inappropriate’ and went on to grant the removal consent.