DC Casebook: Agricultural development - Occupancy terms secured by condition

The owner of a Devon farm has secured permission for a farmhouse on the land without the need to enter into a planning obligation tying it to the holding itself.

The council's supplementary planning guidance stated that a planning obligation would be sought to ensure that the dwelling continued to fulfil the functional requirement for which it was permitted. The appellant relied on Circular 05/2005's advice that a condition is preferable.

The appellant drew attention to another appeal in which this approach was followed. The inspector decided that the approach was correct. At the hearing, he noted, the council had accepted that the previous appeal decision was a material consideration and should be followed. A suitably worded agricultural occupancy condition was therefore acceptable, he ruled.

DCS Number 100-064-436

Inspector Simon Rawle; Hearing

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