HEREFORDSHIR Planners have issued a certificate of lawful development over a property that should have been occupied by somebody employed in agriculture, but the owners demonstrated that this condition had not been met for over a decade.

The occupants of the First House in Barrel Lane, Longhope, Herefordshire, have lived in the house since their births in 1980 and 1982 and lived in the property with their parents until they left for university in the early 2000s but remained in residential use by their parents.

The applicant’s agent confirmed that the father had actually been employed within the agricultural sector, which was consistent with the original condition attached to the planning approval.

However, the agent also advised that the dwelling had not been constructed in accordance with the original approved plans, which forms the second part of the certificate.

The agent explains that a house was subsequently built in the same field as that which the planning permission for a bungalow relates.

However, the house that was constructed was not built in accordance with the approved plans and was materially different from them. That being the case, the house that was then built was unauthorised.

This discrepancy related to the way the development had been erected, and it is clear from the plans and photographs submitted that the dwelling had been built differently from the plans originally submitted and authorised.

The agent added that the building never had render applied to it nor cladding on its front elevation as per original plans.

Given the clear evidence that the dwelling wasn’t built in accordance with the plans it is considered that the dwelling isn’t bound by the original conditions given its differing location and design as built.

Herefordshire planning officer Laura Smith concluded that the occupation of the First House, as a dwelling house, had breached the original approved planning permission, but stated that the time in which enforcement action could be taken has now expired.

Ms Smith said: “The photographic evidence provided as part of this application shows that house has been built in breach of the permission over ten years ago. However, it is therefore considered lawful as defined by the legal process and a certificate of lawfulness should be recommended.

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