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Agricultural tie on property

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  • bing_bong_crosby
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    Thanks for your help GDB2222. What percentage of our income or hours spent in employment would have to be in aggriculture to satisfy planning. If one partner was is a builder but the other worked our smallholding is that ok. If we keep horses but not as a commercial enterprise how does that stand. I understand that grazing is agriculture however livery is not am I correct. Thanks
  • bing_bong_crosby
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    Me again, if we have not been involved in agriculture for more than 10 years and apply for a cert of lawfull use, does that have any consequences on rates or anything else. Thanks
  • lostinrates
    lostinrates Posts: 55,283 Forumite
    I've been Money Tipped!
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    Ag ties have different qualifications. It is impossible to answer your questions on the basis you have given. Keeping your own horses, or livery, does not meet most agricultural ties, though i have seen one that extended to equestrian use. Most common requirment is that the occupiers main income/employment is agriculture, or was before they retired.
  • GDB2222
    GDB2222 Posts: 24,730 Forumite
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    I am pretty sure that it is not necessary for both of you to be working in agriculture, just you or your spouse/partner. Beyond that, my knowledge in this area is very very limited. LIR must have a much better idea.

    Do you have an idea of how many hours a week you would be working on the smallholding?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • bing_bong_crosby
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    Thank you so much for this help. Its much appreciated
  • bing_bong_crosby
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    I do some repair and maintenance work on agricultural equipment in my work shop. does this qualify as agricultural work.
  • lincroft1710
    lincroft1710 Posts: 17,660 Forumite
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    I do some repair and maintenance work on agricultural equipment in my work shop. does this qualify as agricultural work.

    No, you're just a mechanic.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • System
    System Posts: 178,097 Community Admin
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    There is obviously scope for arguing about grey areas and what counts as "working in agriculture".
    In 2012 it has to mean something wider than getting yours hands dirty lifting spuds, but perhaps not quite so wide as working as a botanist in a crop research laboratory. But then again, if your work involves sowing and harvesting trial strains of wheat, who knows?

    What about running a tractor servicing company?
    Land drainage consultant?
    Irrigation engineer?

    etc.

    Perhaps the bottom line is, do you have to live there, in that particular house, in order to carry on your employment? But any job is commutable - no one actually needs to live in the countryside at all. :)
  • lincroft1710
    lincroft1710 Posts: 17,660 Forumite
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    edited 26 March 2012 at 3:46PM
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    There is obviously scope for arguing about grey areas and what counts as "working in agriculture".
    In 2012 it has to mean something wider than getting yours hands dirty lifting spuds, but perhaps not quite so wide as working as a botanist in a crop research laboratory. But then again, if your work involves sowing and harvesting trial strains of wheat, who knows?

    What about running a tractor servicing company?
    Land drainage consultant?
    Irrigation engineer?

    etc.

    Perhaps the bottom line is, do you have to live there, in that particular house, in order to carry on your employment? But any job is commutable - no one actually needs to live in the countryside at all. :)

    If you look at post #26 in this thread, it gives a background to why properties have an ag tie. I don't think any of your suggestions would satisfy the conditions of an ag tie.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • loulou19_2
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    As DFC says, you should concentrate on the agricultural condition first. They are not easy to lift - unless, like others have said above, it has not been complied with for a continuous period of at least 10 years and you can prove this. As said above, if it's in a rural area, the chances for getting planning permission for something else (a new dwelling?) on the plot of land are pretty slim.

    Hi I am new to the forum so please make suitable allowances for me!
    My husband and I purchased our property in November 2010 -it is a small 2 bed bungalow set in 3 acres-our dream come true.
    Our solicitor completed all the relevant searches prior to our completion.
    Since then, we applied to the Council for planning permission for some alterations (we are also in an area of Outstanding Natural Beauty) and we found out that that an agricultural tie is on the property! This tie was most definitely not disclosed on the searches.
    We have never been involved in agriculture. We are pretty shell shocked and have been laying low. Do we have any chance of getting the tie lifted? Would the Council look upon any such request favourably, given that the tie was not disclosed in searches? Could the Council force us out? Any help would be most appreciated. Thank you.
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