Conversion of farmbuilding to worker’s cottage — Condition imposed affecting existing farmhouse — Condition discharged on appeal — Whether inspector erred — Unchallenged evidence — Appeal by planning board allowed
By a decision dated March 27 1990 the first respondent, by his inspector, allowed an appeal by the second respondents, Mr and Mrs Waller, against the imposition of planning condition 5 to a planning permission granted by the appellants for the conversion of an agricultural building to a dwelling for an agricultural worker. Condition 5 limited the occupation of the existing farmhouse on Blaze Farm, Wildboarclough, Macclesfield, Cheshire, to “a person solely or mainly employed or last employed in the locality in agriculture … or a widow or widower of such persons”. The Peak Park Joint Planning Board (the “Board”) appealed the decision on the grounds that the inspector erred in finding that: (1) there was no basis for the Board’s concern about the farmhouse becoming a commuter or retirement home; (2) the imposition of the condition resulted in the depreciation in value of the farmhouse, which would affect the second respondents ability to finance improvements; and (3) the Board’s policies would not be undermined.
Held The appeal was allowed.
The alleged decrease in value of the farmhouse did support the Board’s concern that the farmhouse could become a commuter, retirement or holiday home. The Board’s evidence was unchallenged on this. The matter must be remitted to the first respondent.
Douglas Herbert (instructed by the solicitor to Peak Park Joint Planning Board) appeared for the appellants; and Philip Havers (instructed by the Treasury Solicitor) appeared for the first respondent, the Secretary of State for the Environment. The second respondents, Mr and Mrs Waller, did not appear and were not represented.
