Decision details

Approval had been sought for the discharge of the Section 52 Agreement which restricted occupancy of the existing dwelling at Springsett Farm, Chelford Road, Prestbury to an agricultural worker. The Section 52 Agreement also required that the dwelling not be sold off separately. The applicants now wished to be released from the obligation following approval of application 11/1281m which was an application to remove the agricultural occupancy condition attached to permission 41000P.

The discharge of the Section 52 Agreement would be acceptable in planning policy terms as the principle of the removal of the occupancy condition, i.e. unfettered C1 use, had been established by the removal of the occupancy condition. On this basis it was not considered reasonable or necessary to refuse to remove the Section 52 Agreement.

RESOLVED

That the Section 52 Agreement restricting the occupancy and re-sale of the dwelling constructed at Springsett Farm, Chelford Road, Prestbury be discharged.