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Agricultural Occupancy Condition Removed at Appeal


Agricultural Occupancy Condition Removed at Appeal

KEY FACTS

  • Condition was not lawful
  • Did not meet the six tests

SECTORS & SERVICES USED:

  • Prior Notification

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An historic Agricultural Occupancy Condition was placed upon an existing dwellinghouse.  This was identified by Bloomfields as not being lawful and not meeting the planning policy requirement under the six tests for conditions.

The Section 73 application to remove the Agricultural Occupancy Condition was refused by the Council as they wished for the condition to remain.  When appealed, the Inspector sided with Bloomfields and agreed that the condition was not necessary, or enforceable, and should therefore be removed.

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