04 Jul Certificate of Lawful Use Granted whilst in Breach of a Condition
We were approached by clients to assist with a Certificate of Lawfulness application. The clients were living in a property which was burdened with an Agricultural Occupancy Condition requiring the occupiers to be employed within the agriculture or forestry industries. The family had owned the property since 1993 and despite their best efforts had not been able to generate significant income from the adjacent plant nursery.
We submitted a sworn Statutory Declaration and Exhibit encompassing confidential accounts, diaries and details of alternative employment. On the basis of the information we submitted the council were happy to accept that the property had not been occupied by a person who was/is solely or mainly working in agriculture for a continuous period in excess of 10 years. As such the occupation of the dwelling is lawful by virtue of Section 191 and is immune from enforcement action under Section 171B of the Town and Country Planning Act 1990 (as amended).