Case Study - Horticultural Occupancy Planning

Published on Saturday, June 2, 2007

Ref: EJ/02/6’07   Andrew Wright – Partner Kirkby & Diamond

The client’s property was subject to a Horticultural Occupancy Planning Condition which limits those occupying the premises to those who achieve their main source of income from horticulture. The clients aimed to apply for the removal of this planning condition.
In order for the clients to be able to submit an application to the local planning authority they needed to demonstrate that the condition was no longer relevant. K&D were invited to assist in compiling the case.
One method of demonstrating that the condition was no longer relevant is to show that there is no demand for the premises subject to the occupancy condition. The property was marketed locally and nationally for a substantial period. The demand for the premises was limited due to the occupancy condition.
The Result
With the range of specialist advice, K&D were able to provide guidance on the planning and development issues in addition to the specialist agency of a horticultural property.
After 12 months of advertising the clients utilised our data to successfully apply to have the occupancy condition removed.