I may have (unintentionally) given the impression that there had been a complete change of use of the offices.
The education use has not ceased, but some other more general local authority office use may have been added. I have just reviewed the local authority’s website and they list the site as the contact address for the following departments:
Education Welfare Service
School Admissions Team
Early Years Advisory Team
14 - 19 Provision
These are all educational uses. Other local authority departments are possibly housed within the offices (using available spare capacity), though I cannot find any examples of non-education departments that list the site as their contact address.
1) Since the site still has continued education use (albeit with possibly some additional ancillary or incidental uses for non-educational purposes) does this mean that the use has not changed, i.e. that the local authority is still complying with the educational use requirement?
2) If the educational use has continued until now, does this mean that redevelopment of the site for residential purposes (subject to planning approval for change to C1 use) would be the first instance of breach of the condition?
3) Would the ‘additional’ existing use for non-educational purposes be sufficient grounds to allow a complete cessation of compliance with the education use clause and permit the land to be used for access to residential development only?
4) Does the above change your view on who can enforce, i.e. if there has been continuing use for educational purposes could “any resident who has 'locus' that is an interest” challenge this, or is there some time-barring that could prevent this?
5) Where you mention (at 1b) above) that only the previous owner could enforce, if I was to purchase the freehold to the farm, would I become the ‘previous owner’ and be able to enforce?