DC Casebook: Housing: Conversion - Local occupancy terms seen as essential

An inspector has declined to delete a local occupancy condition from a permission to convert a building in a Yorkshire village to two dwellings to ensure that they help sustain the settlement.

The appellant argued that the scheme would make efficient use of an existing building and previously developed land at the heart of the settlement, improve housing provision and help sustain village services. The inspector was satisfied that the design and layout would enhance the character and appearance of the conservation area.

However, he noted that the appellant had not demonstrated that the condition prejudiced the viability of the development or was unreasonable in any other way. The only policy support for conversions to form new dwellings outside larger identified settlements included a requirement for them to meet a local need and contribute to sustaining the role of the settlement. This requirement would not be met without a local occupancy condition, he decided.

DCS Number 100-069-059

Inspector Peter Eggleton; Written representations.

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