Change of Use of Farm Buildings and Variation of Occupancy Condition

Acorus was approached by a landowner in 2006 who had recently acquired land extending to 10 ha which had previously run as a free range poultry enterprise. On the site there was a range of general purpose farm buildings, a purpose built building for the free range poultry enterprise and a dwelling subject to an agricultural occupancy condition.

The proposal was to establish an equestrian enterprise at the site (livery). Therefore in due course we prepared and submitted a planning application for the change of use of the agricultural buildings to stabling accommodation and also the provision of a manège adjacent to the buildings. The size and layout of the buildings provided the potential for 30 stables.

The planning application for the equestrian development was submitted in November 2006 and subsequently approved in February 2007. However, upon receipt of the planning application the Council became concerned regarding the dwelling at the site, in respect of the prevailing agricultural occupancy condition, and served a planning contravention notice upon the occupiers.

Subsequently, a planning application to vary the occupancy condition of the dwelling was submitted in January 2007. The proposal was to vary the condition to an occupancy condition in association with the equestrian use of the buildings at the site. The application was approved in March 2007.

The application for the variation of the occupation condition was granted temporary approval for 3 years. This period therefore enables the landowner time to establish the equestrian business and so justify the need for the dwelling for on site accommodation. Hopefully, an application can be submitted within the 3 year period to secure a permanent occupancy condition for the dwelling in relation to the equestrian activity; on the basis that there is a continuing functional need for on site accommodation and also that the equestrian business is profitable and viable.