Application for a Certificate of Lawful Use, relative to an agricultural workers occupancy condition applied under planning application 37410 (dated 16/04/74)

Why Was This Approved?

• ✓Application sought to establish lawful use relative to an agricultural workers occupancy condition from 1974
• ✓Site comprises approximately 2.1 hectares of small fields with a detached house
• ✓Aerial photographs indicated the immediate curtilage was used for parking and garden rather than agricultural purposes
• ✓Officer recommended approval and the certificate was granted
• ✓parking

This application sought a Certificate of Lawful Use in relation to an agricultural workers occupancy condition that had been imposed under a 1974 planning permission (reference 37410) at Ballavale Farmhouse, Santon. The site consists of five small fields grouped to the south of a lane, covering approximately 2.1 hectares, with a detached house on the land. The officer's assessment noted that aerial photographs from 2004 showed the immediate curtilage was used for parking, manoeuvring, and lawned garden rather than in connection with agricultural work, and that the red-line area defined in the application was larger than the residential curtilage. The application was decided by delegated authority, and a Certificate of Lawful Use was approved on 15 May 2006, in line with the officer's recommendation.

A Certificate of Lawful Use was approved on 15 May 2006, confirming that the agricultural workers occupancy condition attached to the original 1974 planning permission was no longer lawfully enforceable or applicable in the circumstances assessed. The case was decided by delegated authority.

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