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Afordable housingLocal Occupancy Restrictions on Affordable and Other Housing


Within the South Lakeland District there are some properties which have a legal restriction on who can occupy them.

Local occupancy is used within the District to help to address the issue of second homes and high house prices preventing people already living and working in the area finding homes. This is a particular problem within rural villages and the Lake District and Yorkshire Dales national parks.

Some of these restrictions have been placed upon the home as a planning condition at the point that planning permission was given. These conditions will be stated in a Section 106 or similar agreement and will apply on a permanent basis. In addition, South Lakeland District Council has also used its powers to place local occupancy conditions on ex-council houses in settlements of less than 3000 people.

Some of the homes with a local occupancy restriction are also affordable homes and a permanent discount on them keeping them below market prices. Only people who can demonstrate that they cannot afford market prices will be eligible to buy these properties. Others are restricted at affordable rents and are generally let by housing associations.

The details of the restriction vary depending upon who put the restriction in place and when it was put in place.

The table below gives a summary of the type of restriction that may apply. If you are interested in purchasing a property with occupancy restrictions it is important that you check the detail of the restriction on the property in question by contacting the appropriate person.

Enforcement action can be taken against people occupying these properties who do not meet the occupancy restrictions. If you suspect this you can also report this by using the table below.

Online information sources

You can view details of all planning permissions since 2006 and search by Parish or Address using the online planning application systems operated by South Lakeland District Council and the two National Park authorities.

Search for planning applications in South Lakeland outside the National Parks

Search for planning applications in the Lake District National Park

Search for planning applications in the Yorkshire Dales National Park

Type of property

Type of legal restriction

What is the restriction?

(NB. summary only – check for full details)

Who to contact

Most former council homes in rural areas with population of less than 3000.

 

This applies to most former council homes outside Kendal, Ulverston and Grange over Sands.

Covenant

Must be occupied by person(s) who have lived or worked in Cumbria continuously for 3 years or more at the point of occupying.

South Lakeland District Council

 

Tel: 0845 050 4434

 

Ask for

Legal Services on extension 7424

Properties in South Lakeland planning area which have a local occupancy condition but are not discounted or affordable housing

 

Planning condition – Section 106 agreement or similar

Usually people who have lived in the South Lakeland or the surrounding area for at least 3 years or are employed in this area. The area includes SLDC area, Barrow Borough area, most of Lancaster City DC area, some parishes in Eden DC and Craven DC bordering South Lakeland

South Lakeland District Council – Development Management

 

Tel: 01539 717353

 

Email: development.control@

southlakeland.gov.uk

Properties in South Lakeland planning area with local occupancy and affordable housing restrictions

Planning condition – Section 106 agreement or covenant

The local occupancy restriction varies but often restricts occupancy to someone who already lives or works in the parish or surrounding parishes to where the home is located.

South Lakeland District Council

Tel: 0845 050 4434

 

For information ask for the Affordable Housing Officer on extension 7333

 

Email: housingstrategy@

southlakeland.gov.uk

 

For enforcement ask for Development Management on extension 7358

 

Email: development.control@

southlakeland.gov.uk

All Properties in the Lake District or Yorkshire Dales National Park planning areas which have local occupancy restrictions (except former council homes)

Planning condition – Section 106 agreement or covenant

The local occupancy restriction varies but often restricts occupancy to someone who already lives or works in the parish or surrounding parishes to where the home is located.

Lake District National Park

Tel 01539 724555

 

Yorkshire Dales National Park Tel 01969 652349

In addition to any restrictions placed by the planning system shown above most Housing Association properties in South Lakeland are also subject to planning restrictions which prioritise local people. For Council houses the ‘Choice Based Lettings’ policy commencing in April 2011 also gives priority to local needs in a number of rural settlements. Find out more about how choice based letting works 

If you are concerned that Local Authority Housing is being misused, you should in the first instance contact South Lakes Housing on 01539 717717.

If you are concerned that property administered by a Housing Association is being misused, you should, in the first instance, contact the housing association concerned.

The main housing associations active in the District are;

Home Housing Association

Impact Housing Association

Two Castles Housing Association

Northern Counties Housing Association