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Sorry to bring back such an old thread, but I could do with a bit of help.
I live in a house with an Agg Tie on it and have been battling with the Council for nearly two years. I work for the guy who owns the place and he owns a well known farm. I work in the office and so am not deemed not fit to live in the house.
I've always left my boss to deal with all this, but getting to the stage where I need to research a little now - I'm a control freak!!
Where can I go to get the details on the property and the reason why the tie was put on. It's my understanding that a tie means a property is tied to something e.g. Land or a cow shed. I know this place would have been tied to the chicken farm some years ago, but the Chicken farm was sold on and then this place was burnt down and rebuilt.......so I guess the owner did some kind of extension or something to have to have planning permission and have a tie slapped on.
I totally understand the reason for a tie, however with farming the way it is then surely the Council's must understand that Tie's really shouldn't be there anymore.0 -
but the Chicken farm was sold on and then this place was burnt down and rebuilt.......so I guess the owner did some kind of extension or something to have to have planning permission and have a tie slapped on.
I totally understand the reason for a tie, however with farming the way it is then surely the Council's must understand that Tie's really shouldn't be there anymore.
If they sold the land away from the farm and made the agricultiral unit unviable that is their lookout - the Council is unlikely to be very sympathetic. They will have assumed there was an agricultural worker who had a nee of it.
There are a nunber iof other threads about this and the general advice if you want to get a tie removed (it varies in detail from area to area) is that you have to advertise it for 1-2 years with the ag-tie and at a price reasonable for an ag-tied property and keep a record of the interest or lack of it in the proeprty. If you can show nobody was interested and that you advertised it well (including in farmers' periodicals) then you may get the tie lifted.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
I'd still like to see the details against the property for myself. Any ideas as to who I need to approach?0
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Local planning office should have the details.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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The website of the local Council should have details, or if they haven't scanned older planning applications online yet, you can call them to request a copy of the planning decision notice and report for the application (if one still exists) and then go and pick it up (may be a copying charge for that).Where can I go to get the details on the property and the reason why the tie was put on. It's my understanding that a tie means a property is tied to something e.g. Land or a cow shed. I know this place would have been tied to the chicken farm some years ago, but the Chicken farm was sold on and then this place was burnt down and rebuilt.......so I guess the owner did some kind of extension or something to have to have planning permission and have a tie slapped on.
Your understanding on an ag tie is slightly incorrect though. An agricultural tie is a condition placed on a planning permission stating that a dwelling should only occupied by someone working, or last working, in agriculture. They should not tie the occupier to a particular farm, and although some older ties from the 1960s and 70s are much more restrictive (and commonly restrict the occupier to be working within a 3 mile radius of the dwelling), it is very easy to apply to vary the wording of the condition, to make it more in line with current guidance and to just require the occupier to be working in agriculture.
I don't agree with this at all unfortunately. Agricultural occupancy conditions (to give them their full name!) are not imposed willy-nilly! They are only ever imposed on a dwelling, if that dwelling would never had got planning permission in the first place unless it was genuinely required for an agricultural worker. They are not just 'slapped on' as you state - there has to be a genuine reason. If the original dwelling was burnt down and that had a ag tie on it, then of course it was reasonable for the Council to impose a similar condition on any replacement dwelling (otherwise planning permission would never have been granted to replace the burnt down property!). It's irrelevent in planning terms if the dwelling was divided of from the chicken farm, as the tie will just require someone to be working in agriculture - it won't tie someone down to that particular farm.I totally understand the reason for a tie, however with farming the way it is then surely the Council's must understand that Tie's really shouldn't be there anymore.
I work in a rural district and there is a demand for dwellings with ag ties on them - we also get several applications every year for new dwellings for agricultural workers, so there is clearly a demand.
Basically, in the open countryside (and especially in the Green Belt), a 'normal' new dwelling would almost never be granted planning permission. If a farm genuinely needs accommodation for a farmworker to live on a farm, then their only route is to show that their need is genuine and planning permission could then be granted for an agricultural workers dwelling - i.e. a small dwelling with an ag tie on it.
So I don't agree at all that ag ties should not be there any more - if a dwelling with an existing ag tie is still required for agricultural workers, then the demand for it is there and of course the condition should remain in place. If the demand for it is no longer there (and this can be shown through extensive marketing etc), then the Council will of course consider its removal. However, any dwelling with an ag tie would never have been granted planning permission in the first place without the restriction on it!0 -
hello
a house and barn with approx 20 acres is for sale with and agricultural tie
house has not been completed even though the planning was approved in 1992 with the purpose of rabbit farming
ive been told that 3 people have backed out of the sale already
the house is for sale at £600,000 approx
the deal is that we put down a 10% deposit and the seller will fund remainder purchase of the propery
we dont a present have any agricultural experience but would love to change. how would this affect our eligibility.
my husband would still be the main wage earner to enable us to purchase the property it would be me full time
i'm going on a alapaca breading course in two weeks to see how that feels
reading your threads im not sure if we are just being put through the process of satisfying the no sale objective
its a bit of a mindfield but im not bothered about making money on the purchase of the house I want to nest not invest.
any advice?0 -
Sorry to bring back such an old thread, but I could do with a bit of help.
I live in a house with an Agg Tie on it and have been battling with the Council for nearly two years. I work for the guy who owns the place and he owns a well known farm. I work in the office and so am not deemed not fit to live in the house.
If Boobydoo works in the farm office, and it is her/his only or main employment, wouldn't that count as ok to live in a house with an ag tie surely? I've never seen anything that said a farm secretary/admin person or similar wouldn't also be a farmworker.
Can anyone clarify? And how many hours would need to be worked under this rule, would it just have to be more than any other job, or does it have to be the only job.
Thanks
Eliza0 -
We have found an ideal property with an ag-tie. The first hurdle is to qualify with the Council and we are talking to the Planning Officer, preparing a Business Statement, etc. However, I am concerned about what would happen if I became ill -- I am a beekeeper and plan to build a commercial apiary on the land but my wife could never work a commercial apiary -- lots of lifting, physical stuff and she is not a beekeeper (you don't learn that skill overnight, either). If I was too ill to work - maybe indefinitely and far longer than any key-man health insurance would cover me for - then we would have to close the apiary and sell the equipment for what we can get. Under those circumstances we would not qualify to live in the tied dwelling.
We don't have an agricultural background or come from the area but the Council seem very keen to have the bees so might well make an exception for us and we have had very positive first contact. Clearly we cannot invest our capital in the (large) smallholding if our right to live in the dwelling ends when we no longer work the land as we would become homeless and/or have a forced sale.
Are there special provisions in law to cover this? I am not prepared to just hope that the Council would 'do the decent thing' -- it would have to be a legal right as from all I have heard the Councils are very keen to work to the letter of the law themselves.0 -
Usually the restriction covers someone who has retired or is the widow of a farm worker, so yes, the wording ought to cover that and you are not being unreasonable to ask for it but you do need to check that is what happens.0
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You are allowed to retire, you know!
If ill-health were to make the running of a commercial apiary impossible for you, then so long as you didn't take up a non-agricultural job, you'd be entitled to live in the property.
Most ties refer to the qualifying occupant being "solely or mainly employed or last employed.... in agriculture" However, as they can vary, it would be wise to go through the exact wording with the planning officer and/or a solicitor if you are keen on the property.0
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