Agricultural Planning, Cheshire East - Case Study

We were approached by a client seeking to remove two restrictive conditions attached to separate planning permissions for residential accommodation on their farm.

The conditions in question stated:

“The living accommodation hereby approved shall be occupied by a person employed by or associated with the farm (including any dependents of that person normally residing with them) and shall not be leased or sold independently from the farm or main farmhouse.

Reason: Having regard to the particular circumstances of the applicant and the location of the site within the Green Belt where there is a presumption against development except where justified by long term agricultural or forestry need.”

and

“The occupancy of the accommodation shall be limited solely to persons employed at the Farm (including dependents of such persons normally residing with them).

Reason: Having regard to the policies for the Green Belt where new dwellings are not normally permitted”.

Our strategy was to demonstrate that these conditions did not meet the legal tests set out in paragraph 56 of the National Planning Policy Framework (NPPF) (now paragraph 58); as the conditions were unnecessary, did not relate to the development permitted, unenforceable and served no purpose.

Following our submission, the Local Authority accepted our arguments, and the restrictive conditions were successfully removed from the planning permissions. This decision allowed our client greater flexibility in managing their property, ensuring it could be used or sold without unnecessary restrictions.

This case highlights the importance of carefully scrutinising planning conditions and ensuring they meet the NPPF tests. If you are facing similar restrictions on your property, our expertise can help navigate the planning process effectively.