Farmhouse occupancy condition at Highfield Cliff Farm, Glentham, Market Rasen

What was proposed

The application sought removal of the agricultural occupancy condition so the dwelling could be sold or let on the open market.

“PROPOSAL: Reserved Matters Planning application to erect dwelling and garage/store in connection with agriculture, granted outline planning permission on 13 July 1988 (W35/556/88) being removal of condition 1 of planning permission W35/63/89 granted 27 February 1989 re: occupancy condition.”

“The application therefore seeks to remove the condition in order that the dwelling can be sold / let on the open market, without being tied to an agricultural worker.”

Officer report

The site and its setting

The two-storey farmhouse lies in open countryside about 1.26 kilometres west of Glentham, accessed by a single track and within Flood Zone 2.

“Description: The site is a 2 storey 4/5 bed detached farmhouse located in the open countryside, approximately 1.26 kilometres to the west of the centre of Glentham. The site is accessed off the A631 to the south via a single metalled track. The site is located within Flood Zone 2 (medium probability) and there is a claimed Public Right of Way (Glentham DMMO 634) running to the south of the site close to the A631.”

Officer report

Earlier permissions and occupancy

The farmhouse and garage were approved in 1988 and 1989 with an agricultural workers’ occupancy condition, and the house was built in 1989.

“The site was granted outline permission (W35/556/880) in July 1988 to erect a farmhouse and a subsequent application for outstanding reserved matters (W35/63/89) was approved in February 1989. This was subject to an "agricultural workers" condition as follows:”

“The accompanying planning statement explains the house was built in 1989 and was sought at that time "as Highfield Cliff Farm had no agricultural worker’s dwelling available from which the then agricultural holding could be managed/operated. Highfield Cliff Farm had been part of the Norton Place Estate but by 1989 it had been sold off and had become a freestanding agricultural holding.”

Officer report

Consultation responses

The highway and flood authority raised no objections, while the parish council, ward members and local residents had made no representations.

“Parish Council: No representations received to date.”

“LCC Highways/Lead Local Flood Authority: No objections. Having given due regard to the appropriate local and national planning policy guidance (in particular the National Planning Policy Framework), Lincolnshire County Council (as Highway Authority and Lead Local Flood Authority) has concluded that the proposed development would not be expected to have an unacceptable impact upon highway…”

Officer report

Marketing evidence

The applicant said there was no demand from qualifying occupiers, but officers found no suitable comprehensive marketing exercise had been demonstrated.

“Whilst the knowledge and experience of the letting agent is acknowledged, there appears to be no evidence that this has been tested through a suitable marketing exercise. No evidence of a suitable and comprehensive marketing exercise has been submitted with the application which shows that such an exercise has been carried out for a suitable length of time, targeting an appropriate audience and at an appropriate price to reflect the occupancy restriction.”

Officer report

What the agent said

The agent argued that the condition’s reference to “local” was unclear, marketing had found no qualifying purchaser, and the vacant property faced crime risks.

Members’ discussion

Members questioned the incomplete marketing evidence but considered whether wider marketing could be allowed while retaining the agricultural restriction.

“In opening the debate, the Vice-Chairman expressed disappointment that the additional information requested by the Committee had not been fully provided. Concern was expressed that insufficient evidence had been submitted to demonstrate that the property had been effectively marketed, particularly through online channels.”

“A Member of the Committee acknowledged the concerns raised regarding the marketing exercise but also reflected on changes within the agricultural industry and questioned whether any further marketing would realistically result in a purchaser capable of satisfying the occupancy restriction. It was suggested that the ongoing vacancy of the dwelling could result in deterioration of the property and increase the risk of criminal activity.”

Minutes

The committee’s decision

The committee granted permission subject to varying the condition by removing “local” and updating the reference to agriculture under the 1990 Act.

“Upon being put to the vote, it was agreed that permission be GRANTED subject to the…”

“1.The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, prior to retirement, in agriculture as defined in Section 336 of the Town and Country Planning Act 1990, or in forestry or a dependant of such person residing with them (but including a widow or widower of such a person).”

Minutes