Planning Supporting Statement

Application for a Lawful Development Certificate for the Occupation of a Dwelling in Breach of an Agricultural Occupancy Condition

51 Buttfield Road Howden Goole DN14 7DY

Sandra Axup

Updated: May 2021

Fretwell’s Planning & Development Ltd. Fold Yard Offices Molescroft Grange Grange Way Beverley East Yorkshire HU17 9FS

[email protected] www.fretwellplanning.com

Contents

1. Introduction ...... 3 2. Description of Site and Proposal ...... 3 3. Planning History ...... 5 4. Legislation and Policy Guidance ...... 5 5. Facts of the Case ...... 5 6. Conclusion ...... 7

Appendices

Appendix A ‐ Notice of Decision for the subject property (2/583/77).

Appendix B – Written Statement from Sandra Axup confirming dates of occupancy relating to the application property (Buttfield) and employment history.

1. Introduction

1.1. This application is made on behalf of Sandra Axup and requests that East Riding of Yorkshire Council issue a Certificate of Lawfulness for an Existing use to provide for the ongoing use of Buttfield, Howden as a residential dwelling without an agricultural occupancy condition.

1.2. The description of the existing use on the certificate application is as follows:

“Certificate of Lawfulness in respect to the use of the dwelling outlined in red, on the Site Location Plan, as a residential dwelling (with no agricultural occupancy condition) in excess of 36 years before the date of this application.”

1.3. Planning consent was granted 5th May 1978 for ‘Erect a Bungalow, packing shed and glasshouses in connection with horticultural business at Boothfields, Buttfield Road, Howden’. The planning consent was subject to an agricultural occupancy condition which states:

‘(4) The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed in the locality in agriculture as defined in Section 290(1) of the Town and Country Planning Act 1971, or in forestry (including any dependants of such a person residing with him), or a widow or widower of such a person.’

1.4. Following the grant of planning permission, the bungalow was constructed. The property was then occupied in compliance with the agricultural occupancy condition up until 1984 when Ouse Bridge Nurseries closed.

1.5. Following the closure of Ouse Bridge Nurseries, Mr. G. & Mrs. D. Axup occupied the dwelling in breach of the planning condition when they owned and managed their plastics company, G. W. Axup & Co Limited (Company number 02199997). An inspection of Companies House website shows that G. W. Axup & Co Limited are registered as a business falling under the Nature of Business (SIC) description: ‘36000 ‐ Water collection, treatment, and supply’.

1.6. This application requests that East Riding of Yorkshire Council issue a Certificate of Lawfulness for an existing use to regulise the use of Buttfield, Howden.

1.7. The application is supported with the following evidence to show that the property has not been occupied in compliance with a Planning Condition of planning permission 2/583/77 for a period in excess of ten years before the date of the application:

 Appendix A: Notice of Decision for the subject property (2/583/77).  Appendix B – Written Statement from Sandra Axup confirming dates of occupancy relating to the application property (Buttfield) and employment history.

2. Description of Site and Proposal

2.1. The application property is located to the south‐west of the town of Howden, adjacent to Buttfield Road. Buttfield Road is a single‐track, one‐way road leading north from Boothferry

Road towards Howden. The property is bound by commercial use to the south with agricultural land to the west.

2.2. The subject property comprises a detached brick bungalow with pantile roof. Externally, the property sits in in landscaped gardens and is bound by mature hedgerows. The property sits in approximately 0.62 acres with a shared access to the south.

2.3. The property to which this application relates is shown at Image 1 below.

Image 1: location plan showing application site boundary (Source: Google, 2021)

Image 2: Photograph of Subject Property

3. Planning History

3.1. Based on information available on East Riding of Yorkshire Council’s website, a planning history search of the application site has been carried out. No planning applications relating to the application site are available on the East Riding Planning Portal website.

4. Legislation and Policy Guidance

4.1. This application is made under S191 of the Town and Country Planning Act 1990, as amended.

4.2. Subsection (1) of section 191 provides for an application to determine whether a specified existing use, operation, or failure to comply with a planning condition or limitation, which has already been carried out on land, is lawful for planning purposes.

4.3. This application seeks a Certificate of Lawful Established Use or Development (known as a Lawful Development Certificate or LDC) for the occupation of the dwelling without compliance with the agricultural condition attached to planning permission ref: 2/583/77 granted on 5th May 1978. This is on the basis that the relevant condition has been breached for a continuous period in excess of the 10 years and subsisting at the time of this application.

4.4. Paragraph 17b of the Town and Country Planning Act 1990, states that:

‘Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.’

4.5. Part 3 goes on to say that:

‘In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.’

5. Facts of the Case

5.1. The agricultural occupancy condition was applied to planning permission 2/583/77 due to the development site being located outside of the development limits of Howden and no dwellings being suitably located within close proximity to provide on‐site management of the horticultural business. The property was built by the land and horticultural business owner, shortly after granting of planning permission in 1977. In 1980, the Applicant’s parents moved into the property. The Applicants business was not viable, and Ouse Bridge Nurseries closed in 1984.

5.2. Having operated several businesses from the site, the Applicants remained at the property. One of these businesses included G. W. Axup which was incorporated in 1986. G.W. Axup

supply plastic drainage pipes, tanks and related products to the Civils & Building, Agriculture and Sports & Leisure industries across the United Kingdom.

5.3. Doris and Geoffrey Axup ran the business with sons, Robert and David, until Doris died in July 1991. All the companies being operated from the site were gradually dissolved, keeping the plastic drainage company operating solely on site and this remains to the present day.

5.4. In May 1991, Sandra Axup (the Applicant), moved into her parent’s bungalow with her two sons as a result of family circumstances and to care for her mum, who was suffering ill health. This was to be short term but unfortunately Mrs. Doris Axup passed away and her Father, Geoffrey Axup requested that Sandra stayed to help with his care and the housekeeping.

5.5. At this time, Sandra Axup was working at York District Hospital as a Domestic Services Manager and this employment continued until August 1992. Following this role, Sandra Axup took employment at Loftsomebridge Coaching House full time until October 2009, working part‐time until retirement in April 2018.

5.6. The property was in a shared ownership from July 1991 until Mr. Geoffrey Axup died in 2016, when the client took sole ownership with Land Registry transfer deeds dated August 2017.

5.7. Given that the horticultural business for which the dwelling was permitted, ceased trading in 1984, the condition relating to its operation is no longer of relevance and as such, no longer meets the test. Furthermore, the property has been occupied in breach of the planning condition since 1984, a breach amounting to 37 years.

5.8. The history of the occupancy is as follows:

 1980 – Mr. Geoffrey Axup and Mrs. Doris Axup moved into the property.  1984 ‐ Ouse Bridge Nurseries closed.  May 1991 to Present day – Sandra Axup moved into the bungalow.  July 1991 – Mrs. Doris Axup died.  September 2016 ‐ Mr. Geoffrey Axup died.

5.9. In summary therefore:

 The agricultural occupancy condition was applied due to the property being in ‘countryside’ in terms of planning policy and considered an isolated location and in relation to the horticultural business to be operated at the site.  The horticultural business ceased trading 37 years ago in 1984.  The business currently operating from the neighbouring site (G. W. Axup & Co. Limited) does not fall within the planning definition of Agriculture or Horticulture and as such, does not satisfy the occupancy condition.  The neighbouring business does not require the management that the horticultural site required, to justify an onsite presence.  Sandra Axup has never been employed by G. W. Axup & Co Limited.

5.10. Although the dwelling is still in the open countryside in Planning Policy terms, it is not isolated, as now defined by Braintree ([2017] EWHC 2743 (Admin)). The dwelling would have no greater impact on the appearance of the countryside whether it is occupied in accord with the condition or otherwise, would place no greater burden on services, nor raise sustainability issues.

5.11. The Applicant seeks consent for a lawful development certificate confirming that, given the passage of time, the existing use of the building as a dwelling is lawful and that it has not been occupied by a person solely, mainly, or lastly employed in agriculture.

6. Conclusion

6.1. On the basis of the evidence included as part of the application, it is concluded that there has been a continuous breach of the agricultural occupancy condition on the subject property (Buttfield) for over 36 years, with Sandra Axup being in occupation of the property for the last 29 years. As such, the identified and proven breach is immune from enforcement action.

6.2. The written statement from Sandra Axup, along with the registration details available on the Companies House website for Mr. Geoffrey Axup, clearly show that the subject property has not been occupied by persons solely or mainly employed or last employed in agricultural or forestry for an excess period of 10 years prior to the submission of this application.

6.3. On behalf of Sandra Axup, we respectfully request that the Council issue a Certificate of Lawfulness for Buttfield based on this statement and the supporting evidence.

Appendix A ‐ Notice of Decision for the subject property