DC Casebook: Agricultural Development - Occupancy terms ruled out on rebuild

An inspector has deleted a condition imposed on a permission authorising the rebuilding of a farmhouse in Herefordshire after deciding that the council has acted unreasonably.

The original farmhouse had suffered a substantial collapse during renovation, witnessed by a building control officer. In permitting its reconstruction, the council set a condition limiting its occupation to a farm worker. It accepted that occupation of the original had not been so limited.

Prior to the hearing, the council confirmed that it no longer wished to see the condition imposed and withdrew its objections to the appeal proposal. In the inspector's view, the authority should have treated the application as a replacement rather than a new farmhouse for an agricultural worker. It had acted unreasonably in imposing the condition that triggered the appeal, he ruled.

The need for an application to rebuild the dwelling had been generated by the unforeseen collapse of the original, he determined. As this had no occupancy restriction, he saw no justification to impose one on the new structure. The appeal was allowed with a full costs award to the appellant.

DCS Number 100-064-536

Inspector Kevin Nield; Hearing

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