Restriction on local occupancy rejected by appellants

The owners of a large dwelling in the Lake District national park have failed to secure permission to convert it back into two dwellings after rejecting a condition restricting those who could occupy the property.

The property had originally comprised two dwellings which had been amalgamated. The appellants stated that their intention was to live in one of the units which would be adapted to meet their medical needs. The second would be sold on the open market. However, the local authority, in accepting the principle of the subdivision, stated that due to immense pressure on the housing stock, the second unit would have to be subject to a ‘local connection’ restriction. The appellants claimed that this was unreasonable since in the past two dwellings had existed on the site without any limitation.

Planning policies had moved on since the dwelling was amalgamated, the inspector held, and the appeal had to be determined taking into account the local authority’s adopted core strategy and supplementary planning document. Two smaller dwellings each containing three bedrooms would be formed which would make them more affordable to local people, the inspector concluded. In his opinion it was therefore right to impose a condition limiting occupation of the second to those people with a local connection to the area. Since this was not acceptable to the appellants the appeal was dismissed.

Inspector: Jim Metcalf; Written representations


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