DCS Ref: 100-049-052 Hearing Year of Decision: 2007 Inspector: S GLOVER
County: NORTH YORKSHIRE Summary of Decision: ALLOWED
Description:
Removal of agricultural occupancy condition from dwelling on 4.22 hectare severed from larger holding in National Park. adequate marketing at realistic price to demonstrate lack of demand for agricultural dwellings in area. But local occupancy condition substituted to help meet housing need in National Park. Abstract:
Local occupancy condition substituted for farm worker
An appeal seeking the removal of an agricultural occupancy condition imposed on a farm dwelling in the North York Moors national park, was allowed with an inspector imposing another condition limiting occupation to a local resident or family.
The appellant stated that the property had been marketed with an asking price in excess of £300,000. This had been agreed with the local planning authority's independent advisor taking into account a discount of between 30% and 40% on its open market value. Several offers were received he stated but all were below the asking price with one offer of £275,000 subject to obtaining planning permission for a farm shop. A further offer of £280,000 by another prospective purchaser was subsequently withdrawn he stated.
The inspector agreed that the appellant had submitted sufficient evidence to demonstrate that there were no prospective purchasers willing to offer close to the asking price. There was no evidence to suggest that a genuine attempt had not been made she opined, to sell the property. In allowing the appeal she imposed an alternative condition which limited the occupation of the property to a person permanently resident in the national park for at least three years or who had longstanding links with the local community or who had an essential need to live close to their place of work.
COMPASS Index Terms | Issue Codes | | 420 | | Site within National Park | | 499 | | For removal of agricultural occupancy cases; adequate marketing exercise to establish no on site, or locality need | | 940 | | Special Housing needs for local residents or key workers | | |
| Development Codes | | 514 | | Agricultural or Horticultural | | |
| Appeal Codes | | 051 | | Removal of conditions of planning permission | | |
| Unit Codes | | 10 | | Single house | | |
| Proposal Codes | | 83 | | Agricultural occupancy - Removal or variation of conditions | | |
| Site Codes | | 010 | | Open countryside only - Post August 06 cases | | |
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