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Search the Public Notice PortalOwners of a farm cottage are the latest in the county to seek to remove its agricultural occupancy restriction. But the basis of their claim is unusual.
Permission to build the two-storey First House in Barrel Lane, near the Gloucestershire border east of Ross-on-Wye, was granted to a Mr Simpson in 1976 on condition it was inhabited only by someone working in farming or forestry, their dependants, widow or widower.
But though described in the original permission as a “farm bungalow”, the house “was not built in accordance with the approved plans”, as it “cannot reasonably be described as a bungalow”, according to the application for a certificate of lawfulness (number 253371) by brothers R and J Simpson.
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Nor did their late father build it at the prescribed spot, and it deviates from the approved scheme in a number of other ways too, they explain.
Rather than being made on the customary basis of the occupants’ lack of involvement in farming, their application “is being made on the basis that the development was undertaken without the benefit of planning permission, and that therefore there is no condition or limitation that it breached”, it explains.
Given the time that it has since been used as a dwelling, a certificate of lawfulness “should be granted for the dwellinghouse without an agricultural or forestry occupancy condition”, it states.
Comments on the application can be made until January 20, with its determination due a month later.
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