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Search the Public Notice PortalA Herefordshire couple have been told a rule that their cottage must be lived in by a farm worker is no longer enforceable.
Planning permission for the two-storey Oakleigh in Tyberton, mid-way between Hereford and Kington, was granted in 1981 on condition that along with their dependants, its occupant worked, or last worked, in farming or forestry, or was the widow or widower of such a person.
Since buying the cottage in late 2013, Ashley and Hannah Smith have worked as a self-employed mechanical engineer and ecommerce manager respectively, their application for a certificate of lawfulness declared.
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No dependants of theirs have worked in farming, nor have they let it to such a person, it added.
With the planning breach having continued for over ten years, under planning law it can no longer be enforced, it claimed.
County planning officer Emma Jones has now agreed that that the time in which the planning condition could be enforced “has now expired”.
“The evidence supplied is sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability and [the council] has no evidence to the contrary to dispute the application,” she concluded.
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