Planning permission was granted in 1990 for the conversion of a barn into two dwellings. Because of an Interim Housing Policy in force at the time the applicants as part of obtaining the planning permission were required to enter a Section 52 Agreement restricting occupancy to persons with a local need. The Interim Housing policy was subsequently found flawed and was withdrawn. It also became evident that at the time decision making in relation to barn conversions and the requirement to enter a Section 52 Agreement had been inconsistent.
In 1997 a request was made to remove the Section 52 Agreement but was refused.
The Solution
- Objections were made to the emerging Housing Development Plan Document that the Plan should include a policy on circumstances where there had been an inconsistent application of local needs occupancy restrictions
- A further request was made to remove the Section 52 Agreement.
The Result
Evidence was submitted in support of the request and at the third Committee meeting where the matter was considered, it was resolved to agree to the removal of the Section 52 Agreement and the Authority subsequently issued the following press release.
“Planning Committee Members at the Yorkshire Dales National Park Authority (YDNPA) yesterday (Feb 13) agreed to lift a 23-year-old restriction on two homes in Hawkswick, near Kettlewell.
A Section 52 restriction, agreed to by the owners in 1990, on Hawksnest and Holme Barn, limited occupation to people with a local housing need.
But the current owners, Mick Hawkins, his wife Ginette and sister-in-law Michelle Pickles argued that the agreement was unfair because other barns in the village were converted into homes at the same time without the same restriction.
They asked for the agreement to be removed and the majority of the Committee Members agreed.
Speaking after yesterday’s vote, Committee Chairman Harold Brown said: “This was one of the most difficult applications we have had to deal with for many years. The officers’ recommendation was consistent with the Authority’s policy to support and protect housing for local people and that remains a cornerstone of our approach to housing policy.
However, Members had to balance the absolute importance of retaining local housing in the National Park against the unique circumstances of this case.”
The required legal documentation was subsequently prepared and agreed removing the Agreement.