Breach of Planning Condition at Quarry Farm Cottage Highlights Grey Area in Agricultural Occupancy Rules

Strategic Insights -

Since 1999, the Quarry Farm cottage in Herefordshire has been occupied by Mr and Mrs Handley, who, contrary to the original planning permission, do not work on the land. Although they kept up to 35 Highland cattle on the adjacent 40 acres of land, this was done as a hobby rather than as a sustainable business model. The couple's application to Herefordshire Council for a certificate of lawfulness to establish the continuance of the breach beyond the 10-year limit relies on evidence including bills, work invoices, and a sworn statement from a neighbor.

Key Takeaways:

  • The original planning permission for the Quarry Farm cottage, granted in 1986, restricted the occupancy to a person employed in agriculture or forestry, or their dependants, or a widow/widower of such a person.
  • Mr and Mrs Handley have occupied the cottage since 1999, with neither being employed in agriculture or forestry, contravening the planning condition.
  • The couple's claim that their occupation of the cottage is lawful is based on the fact that Mr Handley was a carpenter and Mrs Handley a housewife, with her last employment as a florist ending in 2005.
  • The Handleys kept Highland cattle on the adjacent land, but this was done as a hobby, not a sustainable business model.
  • The application to Herefordshire Council states that many Highland Cattle Society members, including Mrs Handley, are hobby farmers who are not real farmers.
  • The council's decision is due by the end of July 2023, with comments on the application accepted until July 1, 2023.

Statistics:

  • The Quarry Farm cottage has been occupied by Mr and Mrs Handley since 1999.
  • The original planning permission for the cottage was granted in 1986.
  • The couple's application to Herefordshire Council was made based on evidence including bills, work invoices, and a sworn statement from a neighbor.
  • The council's decision is due by the end of July 2023.
  • The adjacent land covers 40 acres.

Sources:

  • Mrs Handley's application to Herefordshire Council (number 251531) for a certificate of lawfulness.