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V26-792 : W1535/18 - FIELD HOUSE NURSERY, SOUTHWOLD ROAD, HOLTON

The following item was considered as a matter arising from the minutes of the last meeting.

Following members' delegation to officers to approve the above application subject to a satisfactory legal agreement linking the house with the nursery, a letter had been received from the applicant seeking to clarify the position. Members were given a short time in order to read the letter.

Discussions had taken place with the applicant with a view to resolving the terms of the agreement, the main point being to ensure the nursery was operated commercially. Officers and members intended that the permission would state that after a period of five years the nursery would provide the main income of the applicants.

The applicants, however, did not propose to comply with the agricultural occupancy condition, but simply to provide round-the-clock supervision of the site whilst still obtaining their main income from other, non-agricultural work. The applicants also wished to see an open-ended relaxation of the condition whereby they could sell to someone who would operate the nursery in the same manner as themselves.

If the above was agreed, this would in effect be a removal of the agricultural occupancy condition without complying with accepted policy and procedures. Further, this would open up a fundamental breach of agricultural conditions borne out by case law. The application should therefore be looked at as an application to remove the agricultural occupancy agreement, to which the Chief Executive recommended refusal and rescission of the previous resolution.

Members were minded to refuse the application. However, as there were employment implications, albeit below the threshold for consideration, they resolved to refer the matter to Planning and Transportation Committee with a recommendation of refusal.

RESOLVED

That the previous approval given to application W1535/18 be rescinded, and that the matter be referred to Planning and Transportation Committee with a recommendation of refusal.
PLANNING APPLICATIONS


Volume 26 Minute 792

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