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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