Discharge of Section 52 Agreement at Stumps, Farm Lane, Lower Withington, SK11 9DU
Meeting: 22/04/2013 - Cabinet Member for Children and Family Services, and Rural Affairs (Item 11)
11 Discharge of Section 52 Agreement at Stumps, Farm Lane, Lower Withington, SK11 9DU 
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To seek approval to discharge the Section 52 Agreement which restricts occupancy of the existing dwelling known as Stumps at Four Oaks Nursery to somebody employed in agriculture or forestry
Decision:
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Decision-maker: |
Cabinet Member for Children and Family Services
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Decision taken on: |
22 April 2013
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Decision in the matter of:
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Discharge of Section 52 Agreement at Stumps Farm, Farm Lane, Lower Withington, SK11 9DU
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DECISION: |
That permission be granted to discharge the 6 Clauses contained in the Section 52 Agreement at Stumps Farm, Farm Lane, Lower Withington.
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Background: |
Permission was granted in 1976 under application referenced 5/04428 for an agricultural workers dwelling subject to conditions (including a condition restricting occupancy) and a Section 52 Agreement (also restricting occupancy and re-sale/let/sub-letting).
The applicant is seeking to be released from the Section 52 Agreement. Clause 1 of the agreement restricts the sale/lease/subletting of the dwelling separately from the rest of the land; Clause 2 restricts the occupancy of the dwelling to a person solely or mainly employed in agriculture or forestry. Clauses 3, 4 and 5 relate to the removal of a caravan from the land. Clause 6 requires the payment of £1 to the Council being the stamp duty payable on the deed.
Condition 4 of the planning permission which the applicant would still be bound by. Additionally a second dwelling at the site has been released from its Section 52 Agreement in similar circumstances which has set a precedent at this site. The caravan has been removed from the site. On this basis it is not considered reasonable or necessary to refuse to remove the Section 52 Agreement.
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Background Documents: |
The background papers relating to this matter may be inspected by contacting the report writer.
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Approved: |
Councillor Rachel Bailey (Cabinet Member) |
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Date: |
22 April 2013 |
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Advising Officer: |
Martin Lomas |
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Title: |
Planning Officer |
Issued by the Borough Solicitor
Minutes:
The Cabinet Member for Children and Family Services considered a request to discharge the Section 52 Agreement which restricted the occupancy of the existing dwelling know as ‘Stumps’ at Four Oaks Nursery to somebody employed in agriculture or forestry; it also required that the dwelling not be sold, leased or sublet separate to the rest of the land.
It was noted that the Section 52 Agreement repeated the provision of condition 4 of the planning permission which would still bind the applicant. In addition a second dwelling at the site had already been released from its Section 52 Agreement under similar circumstances.
RESOLVED
That approval be given to discharge the Section 52 Agreement containing the clauses outlined in paragraph 9.2 of the report.