PDP were recently successful in removing an agricultural occupancy condition tied to a Grade II listed farmhouse at Thornyleigh Green Farm in the Staffordshire Peak District, writes our Director and Chartered Town Planner Richard Pigott.
The appeal was made against the Peak District National Park Authority’s refusal to grant planning permission to remove the condition. The disputed condition limited the farmhouse’s occupancy to individuals employed in agriculture or forestry. Such conditions are not unusual but can be notoriously difficult to remove. In the case of Thornyleigh Green Farm, the planning authority agreed that, there was no functional need for the dwelling to be located on the appeal site as it only came with a landholding of 1.8 acres which was not enough land for a viable farming enterprise. However, the planning authority argued that there was still a need for subsidised accommodation that is safeguarded to meet the needs of key workers in agriculture, forestry or other rural enterprises in the locality.
We pushed back on this in a number of keys ways through our detailed statement of case and at the appeal hearing, including that:
- The property, Thornyleigh Green Farm, has been marketed by Bagshaws, a suitable local estate agent with appropriate expertise, and through the appropriate channels;
- It had been marketed for an appropriate length of time (in this case over 12 months)
- It has been marketed at a suitable reduction to reflect the occupancy condition (in this case 25% below open market value).
- In terms of alternative accommodation for an agricultural or forestry worker, a search on a popular property website confirmed that there were over 90 properties for sale with 2 – 4 bedrooms at a substantially lower price within a 5 mile radius of the appeal property
- Given the proximity of the site to Leek, an agricultural or forestry worker on a (typically) modest wage looking for a base from which to access the local labour market has many cheaper alternatives than the relatively expensive Grade II listed farmhouse
The Inspector, N Robinson, concluded that the condition was no longer necessary or reasonable, as the property was marketed at a discounted price reflecting the occupancy restriction, but no eligible buyers showed interest. Additionally, alternative housing options for agricultural/forestry workers were available in the area. The Inspector determined that the condition was not essential to ensure adequate accommodation for agricultural/forestry workers and allowed the appeal, granting planning permission to omit the disputed condition whilst retaining other relevant conditions from the previous permission. The Inspector also concluded that the removal of the condition would not affect the historic interest of the grade II listed building.
PDP have years of experience in this type of planning conundrum. If you have a similar planning issue that you would like to discuss, please do not hesitate to get in touch, by emailing enquiries@planningdesign.co.uk or calling 01332 347371.
Richard Pigott, Director – Chartered Town Planner, Planning & Design Practice Ltd
Thornyleigh Green Farm – Gallery
