A planning consent has been granted with the restriction condition worded as: "The occupation of the dwelling shall be limited to a person solely or mainly mainly employed in the locality in agriculture as defined in Section 336 of the Town and Country Planning Act 1990 (as amended) or in forestry, or a dependant of such a person residing with him or her, or a widow or widower of such a person". The fact that the local plan and the circular 11/95 advocates the usage of the words "Or last working" in the condition, which is missing from the above, does that affect any defence of this condition in the future? As per the above condition, it could be implied that whoever occupies the dwelling, once he/she stops working in agriculture or forestry would need to vacate the building, whereas usual conditions imply that a person who was last working in agricuture/forestry could also occupy the building which would not be the case based on above wording. Any views please.
