The property in South Devon was originally granted planning permission in 1963 and, typical of most agricultural dwelling applications, the council imposed a condition on the property limiting its occupation to someone solely, mainly all last working in agriculture to ensure that the use of the dwelling was in the interest of agriculture. With a limited landholding, particularly as a result of previous disposal, there was a distinct lack of agricultural activity and compliance with the condition. Whilst insufficient grounds for a lawful development certificate, James Whilding of Acorus advised the client to seek a removal of the occupancy condition on grounds that there had been significant relevant changes in circumstances since the original permission, a local plan policy consideration. The Council accepted the case and yesterday granted planning permission.
The successful removal of the condition now enables the property to be advertised for sale at full market value and to a wider market audience.