Swathwick Lane, Wingerworth , Chesterfield, S42 6QP

described as ‘use of a dwellinghouse without adherence to an agricultural workers condition

Authority: North East Derbyshire District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: agricultural · Change of use
Inspector: Willows P

Main issues, as the Inspector framed them

Whether occupation of the dwelling without compliance with the disputed condition was lawful when the LDC application was made, turning on whether the dwelling had been continuously occupied in breach of the condition for not less than 10 years prior to the application

What decided it

The appellant failed to demonstrate on the balance of probability that the agricultural workers condition was breached for a continuous 10-year period prior to the LDC application, as the evidence of when farming ceased was contradicted by subsequent planning applications and statements suggesting the farm remained in operation.

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