VCONST14170 - Dwellings - an explanation of terms: what 鈥榙esigned as a dwelling or number of dwellings鈥� means: how Note 2(c) is expressed in planning notices
VCONST14170 - Dwellings - an explanation of terms: what 鈥榙esigned as a dwelling or number of dwellings鈥� means: how Note 2(c) is expressed in planning notices
You should not expect the wording of Note 2 (c) to appear as an explicit condition in the planning permission. Planners tend to adopt a form of wording that meets the particular circumstances of the case and often use the word 鈥榓ncillary鈥� to tie use or disposal of the permitted dwelling to something else.
皇冠体育app following are examples of how a Note 2(c) prohibition has been expressed in a planning permission:
鈥溁使谔逵齛pp living accommodation hereby approved shall be used as a self-contained unit of occupation, ancillary to the associated main household and shall not be severed as an independent and unconnected residence鈥�.
鈥溁使谔逵齛pp annexe shall be used ancillary to the dwelling approved under application鈥�.and shall at no time be sold or let as a separate dwelling鈥�.
皇冠体育app reason for imposing a restriction in a planning notice is often a good aid to deciding if it amounts to a Note 2(c) prohibition. In cases of uncertainty as to whether or not a restriction amounts to a Note 2 (c) prohibition, the planners鈥� views should be sought by the trader.
Planning Permission Circular 11/95, issued by the Office of the Deputy Prime Minister, provides the following model planning condition where the creation of an additional dwelling would be unacceptable for planning purposes:
鈥溁使谔逵齛pp extension (building) hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as [ ]鈥�.
This model condition doesn鈥檛 meet Note 2(c).
Planning Authorities aren鈥檛 obliged to follow this model condition and can set their own condition. 皇冠体育app Tribunal has examined alternative conditions in the cases below. Where a condition is framed in the same way, the Tribunal鈥檚 decision can be followed, except where indicated.
Case Law
Prohibition cases:
Commissioners for Her Majesty鈥檚 Revenue & Customs v Richard Burton [2016] UKUT 0020 (TCC)
皇冠体育app approach in Swain to occupancy restrictions was followed by the Upper Tribunal in Burton, which is now likely to prove the settled approach to this matter. In this case, the Upper Tribunal held that the occupation of the dwelling shall be limited to a person solely or mainly employed or last employed in Park Hall Lake Fishery or a widow or widower of such a person, or any resident dependants, and this condition did amount to a prohibition on separate use for the purpose of Note (2)(c).
Prohibition - Held: separate use prohibited; appeal dismissed.
Revenue and Customs Commissioners v Shields [2014] UKUT 453 (TTC)
皇冠体育app occupation of the dwelling shall be limited to a person solely employed by the equestrian business at 274 Bangor Road, Newtownards, and any resident dependants. Reason: 皇冠体育app site is located within a Greenbelt where it is the policy of the Department to restrict development and the consent hereby permitted, is granted solely because of the applicant鈥檚 special circumstances.
Prohibition 鈥� Held: separate use prohibited; appeal dismissed.
Revenue and Customs Commissioners v Lunn [2009] UKUT 244 (TCC)
皇冠体育app development hereby permitted shall only be used for purposes either incidental or ancillary to the residential use of the property known as Radbrook Manor and shall not be used for commercial purposes.
Prohibition 鈥� Held: separate use prohibited, appeal dismissed.
Mr David Sherratt and Mrs Elizabeth Sherratt v 皇冠体育app Commissioners for Her Majesty鈥檚 Revenue and Customs [2011] UKFTT 320 (TC)
皇冠体育app proposed development shall always remain ancillary to the existing agricultural use of the site and shall not be sold, leased nor otherwise disposed of separately from, the remainder of the premises.
Prohibition 鈥� Held: separate disposal prohibited, appeal dismissed.
Paul Cussins v 皇冠体育app Commissioners for Her Majesty鈥檚 Revenue and Customs [2008] VTD Decision Number 20541, 525
皇冠体育app residential accommodation hereby permitted shall only be occupied in conjunction with the commercial use hereby approved. Reason:- 皇冠体育app site lies in an area where new residential development is restricted.
Prohibition 鈥� Held: separate use and separate disposal prohibited.
James Redman v 皇冠体育app Commissioners for Her Majesty鈥檚 Revenue and Customs [2017] UKFTT 199 (TC)
皇冠体育app Owners hereby undertake that the Development shall not be sold, leased, disponed, or otherwise alienated separately from the Croft and that the Development and the Croft shall only ever be disposed of as a single unit in all time coming. 皇冠体育app Owners further undertake that the said dwellinghouse shall not at any time be occupied by anyone other than the crofter or other person or persons engaged in working the Croft.
Prohibition 鈥� Held: separate use and separate disposal prohibited.
Lesley Swain v 皇冠体育app Commissioners for Her Majesty鈥檚 Revenue and Customs [2013] UKFTT 316 (TC)
皇冠体育app occupation of a barn was limited to appropriately qualified persons. 皇冠体育app lawful use of this barn is a clear occupancy restriction circumscribed by reference to a relationship between occupiers and a business 鈥榮eparate from鈥� the neighbouring development.
Prohibition - Held: separate use prohibited; appeal dismissed.
Philip Thompson (VTD 15834) (1998):
皇冠体育app living accommodation hereby approved shall be used as a self-contained unit of occupation, ancillary to the associated main household, and shall not be severed as an independent and unconnected residence.
Prohibition - Held: separate use prohibited; appeal dismissed.
No prohibition cases:
Summit Electrical Installations Ltd ([2018] UKUT 176 (TCC)):
皇冠体育app flats could only be occupied by university students attending a specified institution, within a local borough. 皇冠体育app Tribunal found that this condition required use in connection with specified universities rather than specified locations, as universities often expand to new locations.
No Prohibition 鈥� Held: separate use not prohibited; appeal allowed.
Revenue and Customs Commissioners v Barkas [2014] UKUT 558 (TTC)
皇冠体育app workshop / office within the application site shall only be used / operated by the occupiers of the dwelling hereby granted permission.
No Prohibition 鈥� Held: separate disposal not prohibited; appeal allowed.
Edmont Ltd v 皇冠体育app Commissioners for Her Majesty鈥檚 Revenue and Customs [2015] UKFTT 527 (TC)
To retain the whole of the Land together as one parcel and in one ownership and not to alienate any part of the land or any building erected thereon without the prior consent in writing of the Council PROVIDED ALWAYS that this Deed shall not operate to prevent the disposal alienation or leasing of the whole of the land (including any building erected thereon together as one parcel).
No Prohibition 鈥� Held: separate use 苍辞迟听prohibited; appeal allowed.
Margaret Elizabeth Wendels v 皇冠体育app Commissioners for Her Majesty鈥檚 Revenue and Customs [2010] UKFTT 476 (TC)
皇冠体育app occupation of the dwelling hereby permitted shall be limited to a person solely or mainly employed or last employed in the cattery business occupying the plot edged blue on drawing no. C27-05-01-1, dated 14 December 2005 and submitted with the Appeal, or a widow or widower of such a person, or any resident dependent.
No Prohibition - Held: separate use and disposal not prohibited; appeal upheld. Purely occupation restrictions are allowed.