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Search the Public Notice PortalA Herefordshire couple have been told that the breach of an agricultural occupancy clause on their rural bungalow cannot now lead to enforcement action.
Mullens Chase in the village of Brinsop northwest of Hereford was given planning permission in 1965 on condition that its occupation “shall be limited to persons employed locally in agriculture” and their dependants.
In March, Edward Thomas applied to Herefordshire Council for a certificate of lawfulness confirming that, with the condition having been breached for over 10 years, it had become immune from enforcement.
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He submitted a sworn declaration, supported by payslips, that from before the beginning of 2015 until the present day, the house had been occupied by himself and his wife Sara, neither having been at any point employed in farming.
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Despite a target date being given to determine the application by 17 June, case officer Matthew Neilson has only now ruled, five months on, that the certificate of lawfulness can be issued.
“The evidence appears to be sufficiently clear and unambiguous in confirming that the dwelling has not been occupied in accordance with the requirements of the planning condition… since at least January 2015,” he concluded.
“The period in which enforcement action could be taken against the breach of condition has now expired.”
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