Agricultural Occupancy Condition

Fuzzyness

have you appealed the enforcement notice?

Reluctant_aviator

Not yet, it only arrived the other day.

Fuzzyness

i think you only have about 28 days from receipt of the Enforcement Notice to submit an appeal so if you are considering it be aware of the deadlines.

Reluctant_aviator

It's actually a breach of condition notice which seems a bit harsh as an opening shot from the council as it only came to light when I applied to replace the garage, an application which has not yet been decided.

A little digging suggests that a breach of condition notice should only be issued where there is a material change of use of the land. Surely I should have been served an enforcement notice for unauthorised development not a breach of condition notice?

Back to the AOC, it seems that the Local Council have ridden a coach and horses through the national planning guidelines. The restriction is ridiculous. Firstly its badly drafted, it restricts occupants solely to a specific business, it doesn't mention dependants, it seems utterly unenforceable to me.

The full restriction, and it's spelt as per the permission, reads:
"The occupation of the dwelling shall be limited to persons solely employment at the equestrian centre and, on the closure of that business, shall be occupied by a person solely or mainly working, or last working, in agriculture, forestry or equestrian activities or a widow or widower of such a person"

To sum up, and I'd appreciate it if one of you experts would correct me if I'm wrong, The garage had temporary condition which expired about 8 years ago. On expiry of the permission, the permission was no longer extant and the garage became unauthorised development. The time limit for enforcement is 4 years so they've missed the boat with that one.
The AOC is badly drafted and as it requires all occupants to work solely at one specific place, ignoring dependants, I should challenge it as unreasonable.

Selfbuild_2

I have started a new thread but I thought I would post on this thread as it is sort of similar and I would appreciate all advice ........

We have been granted full planning permission for a house after 5 yrs of wrangling and taking it to the Planning Appeal Commision... However, it has been granted with a condition / stipulation as follows .... "the dwelling shall first be occupied for a period if 5yrs by Mrs XXX and any partner and dependants residing with her"

This is proving to be a MAJOR hurdle in trying to get a mortgage to fund the build.

Does anyone have any advice ie any way round the condition, specialist mortgage lender or any words of encouragement as it is starting to really grind me down.

We really want (need to, due to personal circumstances) but we can't get over this obstacle as so many of the regular lenders have said a straight "no" and unfortunately are not in a position to build without a mortgage. We "only" need £95-100k and have good credit ratings etc it is only the condition holding us back....

Any advice would be very much appreciated, thanks

catus

What counts as an agricultural worker, I work in the offices of an agricultural engineers, mostly making farm buildings, but I also do all the accounts & paper work for the family farm on which I work, would I count as an agricultural worker?

Yorkie1

catus wrote: »

What counts as an agricultural worker, I work in the offices of an agricultural engineers, mostly making farm buildings, but I also do all the accounts & paper work for the family farm on which I work, would I count as an agricultural worker?

I very much doubt it. You aren't working on the farm in a practical way e.g. dealing with the crops or the cows. You are an administrator.

But see what others say.

lincroft1710

catus wrote: »

would I count as an agricultural worker?

Agree with Yorkie1, you're not an agricultural worker.

pano

Hi Can you use What counts as an agricultural worker from another country. Looking to buy a property with an aoc on it. Have just returned from spain where we had 5 acres of olive groves, have now retired but the question is does this make me a retired farmer.??

Mojisola

catus wrote: »

What counts as an agricultural worker, I work in the offices of an agricultural engineers, mostly making farm buildings, but I also do all the accounts & paper work for the family farm on which I work, would I count as an agricultural worker?

We sold our holding on to someone who was an agricultural advisor - didn't get his hands dirty himself but he was "solely or mainly employed, or last employed, in the locality in agriculture" so it's worth asking.