Removal of agricultural tie at Longview House, Ottery St Mary

“Site Location and Description Longview House, formerly known as Ware Farm, is a four bedroom residential property located within open countryside approximately 1.8 km. to the east of the edge of the built-up area of Ottery St. Mary.”

“Occupying a position on the lower west-facing slope of Chineway Hill to the north of Chineway Road, the property, along with ancillary and incidental attached and detached outbuildings, forms part of a land holding that extends to approximately 9 hectares (22 acres). This principally comprises two fields to the east and north of the property along with a smaller third field that houses a manege/horse arena to its north.”

“Among others, one of the conditions attached to the permission was an agricultural occupancy restriction condition (agricultural tie) stating as follows: 'The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture as defined in section 336 of the Town and Country Planning Act 1990, or in forestry or a dependant of such a person residing with him or her or a widow or widower of such a person.”

“25/0717/VAR The CPE application was refused as it was not considered that the then applicant had occupied the dwelling in breach of the agricultural occupancy condition for more than the relevant ten year period required to demonstrate lawfulness.”

“Assessment Notwithstanding the absence of an expert 'independent' review of the submitted agricultural and financial viability appraisal and valuation report officers consider that the above factors, when taken in combination, satisfactorily demonstrate that there is no long-term essential functional need for the tied dwelling to accommodate an agricultural worker.”

“It is considered that the submitted agricultural and financial viability appraisal and valuation report, in combination, adequately demonstrate both that there is no long- term functional need for the tied dwelling to accommodate an agricultural worker and that the holding has been offered for sale at a realistic valuation for a reasonable time period with no interest having been shown in its purchase.”

“Parish/Town Council Town Council comments: The Town Council do not support this application based on the following; The original planning consent for building this property was granted on the basis that the property was for workers accommodation The building is in open countryside and permission would not have been granted without an agricultural tie No proof that the property is not viable as an agricultural business.”

“Ottery St Mary - Cllr Peter Faithfull I am writing in relation to application 25/0717/VAR for the removal of condition for an agricultural tie. This application is in my ward. As I am on the planning committee, I do not wish to make a decision either way but would like to comment on the reports for this application.”

“RESOLVED: Deferred to request agreement from the applicant to cover the costs of getting their viability report independently assessed.”