Whilst many people are aware that a certificate of lawfulness can be achieved if it can be shown, on the balance of probabilities, that a dwelling has been occupied for over 10 years in breach of an agricultural occupancy condition that is not the end of the matter. Even if you are successful with the certificate application the planning condition remains in place and the period of immunity from enforcement against the condition could re-start. It is therefore always important that a certificate application is followed up by an application to formally remove the condition, and this is exactly what RCC have just successfully done for our clients.
Latest agricultural case studies:
The applicants had tried to obtain planning permission for a second agricultural workers dwelling at their West Overton farm for a family member to live in. The dwelling was to replace a mobile home that had occupied the site for many years however the Council were now threatening enforcement action.
All applications for agricultural workers dwellings are complicated. They need to be presented to the local planning authority with a strongly set out case in the supporting statements. This proposal was for a third dwelling at this dairy farm and as such the challenges were even greater.