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Search the Public Notice PortalA 1960s bungalow in the Herefordshire countryside needn’t have a farming occupant, it has been ruled – four decades after this ceased to be the case.
A condition on the planning approval to build Oakleigh, which stands some way from neighbouring properties northwest of Orleton in the north of the county, was that it could only house someone working in farming, and their dependents.
Seeking to have this overturned, Michael Sparey, son of the original applicant, claimed the condition was “more restrictive and draconian than one would expect to find in modern planning permissions”, as it did not permit occupation by retired, unemployed or incapacitated farm workers or their widows.
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Mr Sparey senior retired from farming in 1983 and died four years later – meaning the condition had been breached since then and was therefore unenforceable due to the passage of time, the application for a certificate of lawfulness maintained.
Planning officer Jack Dyer explained that such cases place the onus on the applicant to demonstrate the lawfulness of their claim, “on the balance of probabilities”.
With no evidence presented to the contrary, despite widespread public interest in the case, he concluded Mr Sparey’s evidence “is sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability”.
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