PART VIMiscellaneous and Supplemental

33Suspension 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 a tenancy to which subsection (3) 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 the M1Rent Act 1968 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.

(4)

Suspension of the condition shall not affect the operation of section 32(1)(b) of the M2Town and Country Planning Act 1971 (application for continuance of planning permission without compliance with a condition subject to which permission was granted).

(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.