Occupancy restrictions mean only people who meet certain criteria can live in a particular house. There are three key types of restriction:
You can request confirmation from us of whether a person complies with an occupancy restriction which has been imposed by a planning condition or a planning obligation. The way you seek written confirmation varies depending on the type of restriction.
An occupancy restriction imposed under the Housing Act when a former council house was sold under Right to Buy is not a planning restriction. Any queries in respect of compliance with these restrictions should be addressed to the Housing Authority for that area (Cumberland Council or Westmorland and Furness Council).
The law affords two mechanisms to request written confirmation of compliance with a planning condition:
This can be done before taking up occupation because it relates to something proposed. You need to provide:
Applications can be made over via Government's Planning Portal website (www.planningportal.co.uk) or by post to LDNPA, Murley Moss, Kendal, LA9 7RL. Fees can be paid when you apply over the Portal, by card over the phone, or by BACS. If we refuse your application or we don't determine it within eight weeks you can appeal to the Secretary of State through the Planning Inspectorate.
Because most occupancy conditions do not require approval of details before taking up occupation, this can usually only be used to confirm compliance with a condition once a dwelling is being occupied. You need to provide:
Requests should emailed to planning@lakedistrict.gov.uk or posted to LDNPA, Murley Moss, Kendal, LA9 7RL. Fees can be paid by card over the phone, BACS, or by cheque. There is no right of appeal if we refuse to issue written confirmation of compliance with the condition, but you can apply again with more information. If you reapply you need to submit all the information again and pay another fee.
To request our confirmation that a person complies with an occupancy restriction imposed by a planning obligation (section 52 or section 106) you need to submit details to our Solicitor.
You need to provide:
Completed form
Sufficient information to enable us to identify the planning permission in respect of which the request is made
Evidence to support your application
There is currently no charge. We aim to respond within four weeks. Requests should emailed to daniel.millican@lakedistrict.gov.uk or posted to LDNPA, Murley Moss, Kendal, LA9 7RL.
There is no right of appeal if we refuse to issue written confirmation of compliance with the condition.
Whichever process you choose, it is your responsibility to provide sufficient evidence to support the submission. Your evidence alone should be sufficiently precise and unambiguous to justify approval on the balance of probability. You need to describe the circumstances with sufficient clarity and precision for us to understand exactly what is involved.
You do not need to get confirmation from us that a person complies with an occupancy condition on a planning permission before buying a house or occupying it, but you should discuss the condition and your eligibility with your legal advisor before proceeding. If you occupy a property in breach of an occupancy condition you may face formal enforcement action. You might need to get confirmation from us that a person complies with an occupancy restriction imposed by planning obligation before buying a house or occupying it. You need to check the wording of the deed. If you occupy a property in breach of a planning obligation you may receive an injunction.
I'm buying a house. Where do I get a copy of the occupancy restriction?
The vendor and their estate agent should have a copy of the occupancy restriction readily available because they need to take the precise restrictions into account when valuing the property before bringing it to market. Planning related occupancy restrictions will be a condition on the original planning permission for the house, or in a planning obligation (section 52 or section 106). In the unlikely event that the vendor does not have a copy, we can provide copies of decision notices and legal agreements. Please email planning@lakedistrict.gov.uk with the reference number of the planning permission. An administrative fee may be payable. Restrictions are not the same across all properties so it is essential that you get the documentation for the specific property.
We offer a Duty Planner service for informal verbal planning advice, but a Duty Planner is unlikely to be able to offer an opinion on anything other than the most straightforward case and will not be able to undertake documentary research for you. Additionally, a verbal opinion cannot be relied upon as security for a prospective purchaser that they comply with a condition - it does not bind the Authority to a particular course of action. You can find more details about getting informal planning advice on our website.
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