Couple can continue to live in Wem home as occupation restriction lifted
A couple are allowed to continue to live at their home near Wem after a condition was removed.
Keith and Joan Roberts, who are a retired engineer and seamstress respectively, have lived at their property in Northwood since September 5, 2014, with the owners being Charles and Jean Forrester.
However, when planning permission was granted in April 1991 for an agricultural workers dwelling, a condition was attached.
It stated that the occupation of the dwelling shall be limited to a person solely or mainly employed (or last employed) locally in agriculture or in forestry, or a dependant of such a person residing with him.
Mr and Mrs Forrester have never occupied the property and it has been rented out to the Roberts on an assured shorthold basis since September 5, 2014, and periodic thereafter. However, neither Mr or Mrs Roberts have been employed in agriculture, therefore their occupancy has been in breach of the condition.
In order for it to be removed, Mr and Mrs Forrester submitted an application to Shropshire Council for a lawful development certificate to remove the agricultural occupancy condition.
“It has been legally declared that the occupation of the dwelling by none agricultural workers commenced on September 5, 2014 and a rolling tenancy agreement signed and dated by both parties have been provided,” said a Shropshire Council spokesperson.
“Statuary declarations made by the applicants/owners and a signed supporting statement made by the applicants have been provided to confirm that the property has been continuously occupied by the same tenant Mr and Mrs Roberts in breach of the occupancy condition since September 2014 to the present day (the time to which the application was submitted to the Local Authority).
“It is considered, as a matter of fact and degree, that the evidence provided
demonstrate that the dwelling has been occupied in breach of the agricultural tie condition for a continuing 10 year period and was also in breach of the condition at the time in which application was submitted to the Local Authority.
“There is no evidence put before Officers to dispute the evidence provided.”
The spokesperson added that the occupation of the dwelling by persons not employed in agriculture is now deemed to be lawful.
