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FBC Manby Bowdler successfully lifts an occupancy restriction order imposed on a local business owner.
01 Nov 2021

FBC Manby Bowdler have successfully lifted an occupancy restriction order imposed on a local business owners Residential Property, which is situated adjacent to her business.

What was the case?

Mrs S owned a large house and an adjacent business. Permission for the house was granted on the basis that it must only be occupied by employees of the business, which meant that the potential pool of occupiers was very small.

Mrs S is approaching retirement and instructed FBC Manby Bowdler to advise as to whether the Council might agree to remove the occupancy restriction in the event that the business closed down or was sold.

What was the outcome?

An Associate in the firms Town and Country Planning department approached the Council with a carefully worded letter which set out in detail why the reasons for imposing the restriction in the first place no longer existed, and that the restriction was no longer required and should be lifted.

On review the Council agreed and allowed for the occupancy restriction to be removed. FBC Manby Bowdler subsequently dealt with the application and legal documentation which secured the removal of the restriction. The house can now be occupied by anybody and sold on the open market, resulting in a substantial increase in value.

Mrs S commented: “After much research looking for a local firm to deal with a complex planning case I approached Manby Bowdler to ask their advice. I was told at the onset that this application could go several ways and could turn out to be very expensive. I gave instructions to go ahead and would then decide at a later date if it was proving to be too expensive. I am very pleased to say that the manner in which the case was dealt with came to a very satisfactory conclusion.”