Certificate of Lawfulness (Existing) – Confirmation than Condition 4 (Planning Application R74/0877/OP) - Agricultural Occupancy Condition is not legally binding.

1. Rugby Borough Council hereby certify that on the application date above the activity described in the First Schedule hereto in respect of the land specified in the Second Schedule hereto and edged red on the plan attached to this certificate was lawful within the meaning of section 191 of the Town and County Planning Act 1990 (as amended) for the following reasons: Condition 4 of application R/74/0877/OP, required 'The dwelling to be used by a person who is solely or mainly employed in the locality in agriculture as defined in section 290(1) of the Town and Country Planning Act 1971 or in forestry including any dependants of such person residing with him'. The dwelling has not been used for a continuous period of more than 10 years by a person who is solely or mainly employed in the locality in agriculture as defined in section 290(1) of the Town and Country Planning Act 1971 or in forestry including any dependants of such person residing with him'. Subsequently, the condition has been breached, no enforcement action has taken place, and the use has become lawful. The Local Planning Authority consider that it is necessary to modify the description for clarity, as detailed in the First Schedule, based on the evidence submitted and that contained within the Council records and for the avoidance of doubt in the future. FIRST SCHEDULE: Condition 4 of application R/74/0877/OP has been breached for a continuous period of more than 10 years. Subsequently, the breach of the planning condition has now become lawful, and the dwelling is not required to be used by a person who is solely or mainly employed in the locality in agriculture as defined in section 290(1) of the Town and Country Planning Act 1971 or in forestry including any dependants of such person residing with him'. SECOND SCHEDULE: Sunnymeade Cottage, Montilo Lane, Harborough Magna, Rugby, CV23 0HB
2. NOTES: 1. This certificate is issued solely for the purpose of sections 191 of the Town and Country Planning Act 1990 (as amended). 2. It certifies that the activity specified in the First Schedule taking place on the land described in the Second Schedule was lawful, on the specified date and, thus, would not have been liable to enforcement action under Part 7 of the 1990 Act on that date. 3. This certificate applies only to the extent of the use described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any use which is materially different from that described or which relate to other land may render the owner or occupier liable to enforcement action. 4. If the applicant is aggrieved by the alteration to the description given in the First Schedule that accompanies this decision they may appeal to the Secretary of State under Section 195 of the Town and Country Planning Act 1990 (as amended). You must use a Certificate of Lawful Use or Development Appeal Form when making your appeal. If requesting forms from the Planning Inspectorate, please state the appeal form you require. Please note, only the applicant possesses the right of appeal.

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