Applicant Mr D Hughes is seeking to remove condition six applied to planning approval for Greenlands on Reeves Lane, Stanage.
He wants to remove the agricultural occupancy condition because it has been breached for a continuous period of over 10 years and now occupation of the property by someone who was not employed or last employed in agriculture is lawful and immune from enforcement action.
A Certificate of Lawful Existing Use was granted on January 2.
Planning permission was granted for an agricultural dwelling at Green Farm on December 5 1989, with a number of conditions.
Condition six restricted occupation of the property ‘to a person solely or mainly employed or last employed before retirement in the locality in agriculture as defined by Section 290(1) of the Town & Country Planning Act 1971, or in forestry, or dependant
of such a person residing with him, or her or a widow or widower of such a person’.
The reason given was because of dwelling was proposed for a site where a dwelling would not normally be permitted, other than to meet agricultural need.
After outline planning was permitted, reserved matters were approved and the construction of the house was completed.
It was constructed and has been occupied by Mr Hughes as his principal residence since its construction until 2007.
Since 2007 the property has been occupied by parties who have not complied with the AOC
The application states; “Given that reoccupation of the Property by a qualifying person (agricultural worker) would reactivate the AOC and significantly reduce the value and saleability of the Property, it seems inconceivable that the property will ever be occupied by a qualifying person again.”
So condition six remains unenforceable and is therefore unnecessary and unreasonable.
Members of Knighton Town Council considered the application recently.
Councillor Tina Sharp said: “I can’t see there is a problem with the, I have no objections.”
Other members agreed and they recommended support of the plan. Powys County Council will make the final decision by July 25