Part VI Miscellaneous and Supplemental

33 Suspension of condition attached to planning permission.

1

This section applies where planning permission as respects a dwelling-house is or has been granted subject to a condition that the occupation of the dwelling-house is limited to a person employed in agriculture or forestry.

2

If and so long as the dwelling-house is subject to a protected occupancy or statutory tenancy, or is let on or subject to F1an assured agricultural occupancy, within the meaning of Chapter III of Part I of the Housing Act 1988, or a tenancy to which subsection (3) below applies F4, or an occupation contract to which subsection (3A) below applies, the condition shall be suspended.

3

This subsection applies to any tenancy which is a protected or statutory tenancy for the purposes of F2the M1Rent Act 1977 and which—

a

if it were a tenancy at a low rent, and

b

if (where relevant) any earlier tenancy granted to the tenant, or to a member of his family, had been a tenancy at a low rent,

would be a protected occupancy or statutory tenancy.

F53A

This subsection applies to an occupation contract which immediately before the appointed day was an assured agricultural occupancy, within the meaning of Chapter 3 of Part 1 of the Housing Act 1988 (c. 50).

4

Suspension of the condition shall not affect the operation of F3 section 73A of the Town and Country Planning Act 1990.

5

Subsection (1) applies irrespective of the degree to which the condition circumscribes the employment in agriculture or forestry, irrespective of the other persons covered by the condition, and irrespective of the way in which agriculture or forestry is defined.

F66

In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—

  • “appointed day” (see section 242 of that Act);

  • “occupation contract” (see section 7 of that Act).