Meaning of '56-day holiday let' P/Permission clause?

[mattred]

Hi

We are in the process of buying a property which has a detached annex with planning permission for holiday let. Part of the conditions of the permission are that

"that no one person shall occupy the building or any part thereof for more than fifty six days in total in any calendar year"

Now i took this as that no one can live there for more than 56 days each year but yet it can be rented out to different people all year round (as i was told by the agent) so i can use it as holiday let as long as its not the same person living there.

Our solicitor has told us this means that it may only be used 56 days of the year and the rest of the time it has to sit empty. I have asked them to check this and the same answer came back.

They have been really good otherwise so before i push again can anyone shed some light. Don’t want to ask the council just yet in case it is right and they get very strict about the 56 days!!

many thanks

[Poppy]

I understand it to mean the same person staying in the property can stay a maximum of fifty-six days in a calendar year. I also understand it to mean that you can let it every day of the year.

[jeffrey]

I understand it to mean the same person staying in the property can stay a maximum of fifty-six days in a calendar year. I also understand it to mean that you can let it every day of the year.
Yes, or else what else could 'no one person' mean?

[Poppy]

Don't ask me, ask mattred's honourably learn'd solicitor. :p

[jeffrey]

mattred: in post #1, are you certain that you quoted the wording correctly? Please re-check it.

[mattred]

mattred: in post #1, are you certain that you quoted the wording correctly? Please re-check it.

yep the wording in the section 106 aggrement says exactly
"that no one person shall occupy the building or any part thereof for more than fifty six days in total in any calendar year"

I have just double checked all documents relating to the application and on the decision notice it has the same condition but is worded slightly differant.

It says
" the proposed holiday let unit shall not be occupied for more than 56 days in total in any calendar year by anyone person"

Even though the wording is slightly different to me it still means the same thing

[jeffrey]

I agree, although I guess that 'any one' is two words.
Using the contra proferentem rule, the Local Planning Authority has to prove that its interpretation is right; you need not prove that it's wrong.

[mattred]

yes sorry that was my mistype. it says "any one"
Apart from that it is worded as i have written it.

I will take it as i have read it when running the holiday let

Many thanks for all your advice