Change of Use - historical occupation

DTW00

I'm looking at applying for a change of use of our holiday let to dwelling-permanent residence with the removal of a restrictive clause, i.e. "The holiday unit(s) hereby approved shall not be occupied as a permanent residence "

The original planning application was to convert the barn to a holiday let, at that time we were told there was no chance in getting it as a dwelling.

Lately I've done some research and it appears that the barn was a dwelling in the distant past, though I've yet to confirm that as the property name has changed and I have only anecdotal evidence against the name/property - though the census of that time is specific about the occupation of the property with the old name.

If I could prove the above, and the property was in fact occupied as per the census, would there be any restrictions that would prevent the change of use to a dwelling - as it was one in the past?

EachPenny

DTW00 wrote: »

Lately I've done some research and it appears that the barn was a dwelling in the distant past, though I've yet to confirm that as the property name has changed and I have only anecdotal evidence against the name/property - though the census of that time is specific about the occupation of the property with the old name.

If your source is census records then presumably you are looking at 1911 or earlier? (Have you checked the 1939 register?)

You need to bear in mind that the census was of 'people' not of 'buildings' and therefore even if someone was living in a tent in a field they would still appear on the census. Also, the use of a 'name' on the census is not proof that the person was living in a dwelling. The name might refer to a piece of land - on which a house might have been built later, or else another house could have taken the same name.

Although we associate names with houses, going back it time it was very common to refer to land by a name, and the name doesn't necessarily need to end with 'field' etc. Something I've been caught out on more than once

Even if you can establish use of the building for residential purposes in the past that doesn't mean you'll be able to use it for residential purposes now. Especially if the use is historic and pre-dates the planning legislation framework.

Have you discussed this with the planning authority at all? Some councils might be ok with removing a restriction if it means bringing a new 'home' into use.

The bottom line is probably that if they are ok with removing the restriction they will do it with no need for persuasion - and if they don't want to remove it then nothing you produce in historical evidence is likely to hold much sway.

Edit: One scenario is there could have been a dwelling on the same piece of land as the barn. The person could have been living in the dwelling which was subsequently demolished, but the barn was retained. This is quite common when smaller farms/smallholdings get combined. If there is no use for the dwelling (especially if run down) it would be demolished and the site ploughed over.

bouicca21

If you think it was occupied circa 1911, you should look at the Lloyd George valuation records.
http://blog.nationalarchives.gov.uk/blog/place-society-edwardian-england/

lincroft1710

The occupation of the barn does not mean it was necessarily a dwelling (i.e. converted or adapted for living accommodation), but just a building where someone was living, possibly in sub-standard conditions (even in those days).

Your pp was to convert the barn (i.e. store) into a holiday let, not convert a former dwelling. Some councils discourage a second standalone dwelling being built in the grounds of an existing dwelling, hence all the "granny annexes" with planning restrictions forbidding their sale separate from the main house

wheelz

This could help. http://www.fwi.co.uk/business/business-clinic-can-i-change-farm-holiday-lets-to-residential-use.htm

Another article that might be useful: http://www.planningresource.co.uk/article/1209080/removal-holiday-occupancy-conditions-q---dcp-section-97

RLH33

I think the relevant question is - what was the building in use as before you applied for a holiday let? If it was a barn then that is the relevant use. You will have applied for change of use from a barn to a holiday let. Whether or not it was used as a dwelling back in 1911 is irrelevant - it is the use the barn was in last that is of most relevance.

If you want to use the holiday let as an independent dwelling house then you will need to apply for planning permission. I would submit a pre-application enquiry to the local Planning Office and they will confirm whether or not such an application would be recommended for permission or refusal.

DTW00

Many thanks to you all with your prompt replies and advice. Anecdotally - my wife (as a child) knew one of the people on the census who was actually lived there.

It's quite interesting to discover the history of a property.

Anyway I'll pursue this on the basis of recent history.

Thanks again.

Davesnave

EachPenny wrote: »

Have you discussed this with the planning authority at all? Some councils might be ok with removing a restriction if it means bringing a new 'home' into use.

As above, councils treat property with restrictions in different ways. A council that considers the holiday industry of prime importance would probably place that above creating a permanent home, even in times when they have a quota to aim for.

I have a restriction on my property. The council here doesn't monitor these effectively, so abuse is widespread. However, ask to have restriction lifted and the default answer is always no, even though the original reason for may be purely historic.

If my property was in the next county, there would be a realistic chance of removing the restriction, which relates to a business long defunct.

It's luck of the draw, it seems.