Remove workers’ occupancy condition at Paddocks & Keepers Cottage Willowsway Country Estate, Stainton

What was proposed

The application sought removal of the occupancy restriction on Paddocks and Keepers Cottage so they could be sold or occupied without that restriction.

“SUMMARY 1.1 The application seeks the removal of a rural workers occupancy condition that is attached to 2 out of 6 dwellings located within the overall Willowsway Country Estate that accommodates an equestrian business. The condition ties the dwellings to the current business ‘Willowsway’.”

“In February 2018, planning permission was approved at the site under application SL/2017/0871 for ‘Conversion of three barns to form staff accommodation, erection of new stable block and indoor manege, extension to form utility building, formation of outdoor manege, muck heap, alterations to existing access track, landscaping and provision of associated infrastructure’.”

Officer report

The site

The two dwellings are among six at an equestrian estate in open countryside, accessed from Stainton Lane and near listed buildings.

“The overall site is within a natural valley of drumlins, sloping to the east and west, with the lower land level sloping north to south towards the existing group of buildings on the site and down to the Lancaster Canal. Access to the site is via a private driveway off Stainton Lane that was approved in 2014. The site is approximately 10 minutes drive from the Key Service Centre of Kendal.”

Officer report

What officers recommended

Officers recommended refusal because future owners might need on-site workers’ accommodation and the applicant rejected a more flexible business-linked condition.

“In response to this, Officers consider that whilst the need for workers accommodation on the site is no longer a requirement for the current owner, a new owner may have different requirements. Even if not straight away, there could be a demand for on-site workers accommodation in the future depending on the needs of the business going forward.”

“Whist the applicant is now looking to sell the business, any future new owner may have a need for on-site worker accommodation, and therefore the 2 relevant dwellings out of the 6 on-site should be retained as such going forward.”

Officer report

Consultation responses

The Parish Council supported removal, the Canal and River Trust made no comment, and the conservation officer raised no heritage objection.

“Parish Council Support the proposal Canal & River Trust No comments to make W&F Conservation Officer The occupancy restriction does not have a heritage impact as there would be no change to the plans, layout, landscaping or boundary treatments. Therefore no objection on heritage impact grounds to the removal of Condition 13 attached to SL/2021/1010.”

Officer report

Who spoke

The applicant, a resident of one dwelling and another speaker addressed the committee in support of the application.

Members’ debate

Members considered the restrictive condition, mortgage difficulties, future business use, personal circumstances and replacing it with a local-connection condition.

“Members suggested that they would be minded to approve the removal of the relevant condition and instead attach a local occupancy condition in its place. The Principal Planning Officer confirmed that this would be possible. The Senior Lawyer Planning and Highways reminded members that they would be required to justify the local occupancy clause should they be minded to approve the application.”

“Members discussed the impact of personal circumstance on this application and queried what would happen should members refuse the application in line with officer recommendation. It was noted that the applicant’s daughter who is the owner/occupier of one of the dwellings is currently not in breach of the condition (as she is employed by the business on the site) but could be in the future.”

Minutes

The vote

A motion to refuse was not seconded and fell; a motion to approve with a local-connection condition was then seconded and voted on.

“A motion to approve the application with a varied condition to restrict occupation of the two relevant dwellings to persons with a local connection was moved.”

“The Senior Lawyer Planning and Highways provided draft suggested wording, to approve the application to vary the condition so that the dwellings could only be occupied by persons with a local connection. It was recommended that the approval be subject to a Section 106 agreement to ensure the local connection restriction on occupation existed in perpetuity.”

Minutes

The decision

Permission was authorised subject to a Section 106 agreement, with occupation restricted to people having a local connection and detailed wording delegated to officers.

“(1) subject to the prior completion of a Section 106 Agreement to secure the restriction that the approved dwellings shall be occupied only by persons with a local connection, the Assistant Director of Inclusive & Green Growth be authorised to grant planning permission under Section 73 of the Town and Country Planning Act 1990 (as amended) to vary Condition 13 (occupancy restriction) of planning permission 2026/0401/FPA;”

Minutes