Planning permission for the semi-detached Marsh View and its neighbour, in Stone Street, near Madley, west of Hereford, was granted in 1969 on condition it would only house someone working in farming and their dependants.
Now Michael Law is seeking a certificate of lawfulness, known as a CLEUD, from Herefordshire Council confirming that this condition can no longer be applied.
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A statutory declaration by Mr Law states that the house has been occupied in breach of the condition without interruption since 2008, when he bought it, backed up by an invoice from the estate agents acting for him at the time.
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His declaration adds that he was not told of the agricultural occupancy condition when he bought it.
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His application also points out that the original condition did not permit an ex-farm worker to live at the property, “as is often the case”.
A self-employed fencing contractor, Mr Law retired in 2023, and had largely lived alone at the property.
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By law, once a planning condition has been shown to have been continuously breached for over ten years, the local planning department can no longer enforce it.
Mr Law is now seeking confirmation of this from the council. Usually this is granted unless contradictory evidence is put forward.
A decision on the case is due by December 19.
