A planning condition on a farmhouse near Eversley, Berkshire, that is no longer required and relates to an agricultural tie, has been removed thanks to a detailed planning case put together by ET Planning.
This has resulted in a fantastic win for their client who has only recently purchased the property and associated land, unaware of the restrictive condition.
The agricultural condition
In the 1960s planning permission was granted for a development of farm workers bungalows on the farm’s land and a condition was made which meant that only those employed, or previously employed by the farm, and their dependents, could occupy the properties.
Since approximately 2007, the farm has not been in agricultural use and so the properties have not been occupied on this basis for some time. The new land-owner sought to remove the condition first via a certificate of lawfulness application but due to only recently purchasing the farm, they do not have the required 10 years of evidence.
A Section 73 planning application was therefore required in order to remove the condition and the team at ET Planning were able to assist.
The Planning Case
ET Planning put together a detailed case focusing on whether the condition placed on the property was still relevant.
As part of the application, ET Planning referenced the 6 tests for conditions which is outlined in the National Planning Policy Guidance (NPPG), local policy relating to the area, previous officers reports and appeal decisions.
The Planning Case – Relevant Policies
The National Planning Policy Guidance explains that planning conditions should be kept to a minimum and should only be used where they can meet the following 6 tests which are:
- Relevant to planning
- Relevant to the development permitted
- Reasonable in all other respects
As the farm has not been used for agriculture for a significant period of time, the need for this condition is no longer required. Furthermore, due to the time that has passed ET Planning highlighted that it is unlikely that the condition would be enforceable.
It was also important to note that the adjoining property has since had the condition removed under a certificate of lawfulness.
ET Planning were also able to reference previous planning applications which refer to the ‘original’ functionality of these buildings.
Removal of the Planning Condition
As detailed in the Section 73 application, ET Planning were able to show that the need for this condition is no longer relevant.
The team at ET Planning also have a strong working relationship with Hart District Council and were able to discuss this case with them. The officer agreed with the case put forward by ET Planning and recommended that the application be approved. The application was finally determined just two days after the consultation period ended and significantly in advance of the 8-week statutory determination period.
The condition on the property has now been removed – a fantastic result for the client.
If you have a historical condition on your land or property and are in need of planning advice, get in touch with the ET Planning team today who will be able to discuss this further with you.