Occupancy restriction
Posted: Fri Nov 16, 2007 9:13 pm
Hope somebody can advise. My father owns a big farmhouse with a small barn next to it. A couple years ago we decided that we would like to do the barn up and I took a year out of work to convert it with the help of 2 builders. My dad let it to me for a while but has just decided to dispose of some of his assets and has given me the barn conversion where I now live with my family.
When planning was approved there was a restriction placed so that the barn could only be lived in permanently by a member of the family of the owners of the farmhouse or it had to be holiday accomodation. Didn't worry me as my mum and dad were not going to move. Now though, he has gifted the farmhouse to my brother who has moved in. We get on fine so there's no real issue other than the fact that he is maybe much more likely to want to move (realistically) than my parents were. Currently, while he lives there we are allowed to live in my house but if he were to sell, we would be in breach of planning!
This situation worries me in terms of us being forced out of our own home which we have spent much time and money on and also having to find another house in this inflated market with the reality that our holiday let barn is very unlikely to be worth enough to get somewhere similiar.
My brother has no issue with having the tie removed and indeed, it would make a lot of other issues simpler for both of us when inheritance becomes an issue. So, my question is, what are my chances of getting this silly thing lifted? We are a local family who want to stay in our home and are very much part of the community. Currently we have no long term security in our home. Is this grounds to get it lifted? It would also cause big problems if my Brother did want to sell as he would be turfing me and my young family out of our home and I don't want him to feel trapped if he ever wanted to sell up and move on (indeed he may need to for work etc., who knows?).
What is the best way to approach this? Thanks in advance for any advice.
Steve
When planning was approved there was a restriction placed so that the barn could only be lived in permanently by a member of the family of the owners of the farmhouse or it had to be holiday accomodation. Didn't worry me as my mum and dad were not going to move. Now though, he has gifted the farmhouse to my brother who has moved in. We get on fine so there's no real issue other than the fact that he is maybe much more likely to want to move (realistically) than my parents were. Currently, while he lives there we are allowed to live in my house but if he were to sell, we would be in breach of planning!
This situation worries me in terms of us being forced out of our own home which we have spent much time and money on and also having to find another house in this inflated market with the reality that our holiday let barn is very unlikely to be worth enough to get somewhere similiar.
My brother has no issue with having the tie removed and indeed, it would make a lot of other issues simpler for both of us when inheritance becomes an issue. So, my question is, what are my chances of getting this silly thing lifted? We are a local family who want to stay in our home and are very much part of the community. Currently we have no long term security in our home. Is this grounds to get it lifted? It would also cause big problems if my Brother did want to sell as he would be turfing me and my young family out of our home and I don't want him to feel trapped if he ever wanted to sell up and move on (indeed he may need to for work etc., who knows?).
What is the best way to approach this? Thanks in advance for any advice.
Steve