Can planner apply agricultural tie to an existing property?

an1179

Hi

My friend the daughter of the farmer who works on the land with her OH applied for permission to build a house on the existing farm land

Permission was granted in 2006 BUT the previously free from agricultural tie familyfarmhouse was stated to become tied as a condition of the approval.

Can they do this?

They are going to put the footings in this year to keep the planning open.

Their architect is very expensive and does not seem to have followed this up. He is also still holdiong onto the original plans

Here is an extract from the approval

(I have removed the personal and district planning details)

ApprovedConditions or Reasons

:1) The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: In order to comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.



2) The occupation of the dwelling hereby approved must be limited to a person solely or mainly working, or last working, in agriculture locally, or a widow or widower of such a person, and to any resident dependants.

Reason: The site is in a rural area where it is the policy of the Local Planning Authority, in the interests of safeguarding the rural character and appearance of the area, not to permit development unless it is required to meet a local agricultural need. Permission has been granted only in the light of the local agricultural need to comply with Policy DC3 of the XXXXXXX Local Plan Alteration 1999.



3) The occupation of the existing dwelling on the agricultural unit, the subject of this application, known as XXXXX Farmhouse' shall be limited to a person solely or mainly employed in agriculture locally, or a widow or widower of such a person, and to any resident dependants. (see footnote 2 below)

Reason: The site is in a rural area where it is the policy of the Local Planning Authority, in the interests of safeguarding the rural character and appearance of the area, not to permit development unless it is required to meet a local agricultural need. Permission has been granted only in the light of the local agricultural need to comply with Policy DC3 of the XXXX Local Plan Alteration 1999, to ensure the original farmhouse remains available to agriculture in the future.

Debt_Free_Chick

an1179 wrote: »

Hi

My friend the daughter of the farmer who works on the land with her OH applied for permission to build a house on the existing farm land

Permission was granted in 2006 BUT the previously free from agricultural tie familyfarmhouse was stated to become tied as a condition of the approval.

Can they do this?

Yes - although it does seem odd that a farmhouse didn't already have an ag tie.

However, it appears that the farmhouse only gets an ag tie if the new dwelling is built. Again, odd - but conditions can be attached to the PP of any new development and those conditions can apply to the whole of the existing plot, not just the new building.

Running_Horse

Sounds fair enough if they plan to live there rather than develop for profit.

an1179

They do plan to live in the new house.

The parents will continue to occupy the original farmhouse

The agricultural tie as I understand it slashes the market value of the original property by 25%?

WillowCat

I think I see where they're coming from.

Without putting the tie on the existing farmhouse you could build the new one, move into it then sell the old farmhouse.

It would have the same effect as building a new one without a tie then just selling it.

I don't necessarily agree with this policy but there's not a lot can be done about it....

Running_Horse

an1179 wrote: »

They do plan to live in the new house.

The parents will continue to occupy the original farmhouse

The agricultural tie as I understand it slashes the market value of the original property by 25%?

Which is irrelevant as they plan to live there, and are lucky enough to have planning permission in an area the rest of us can only dream of. Hope they realise how lucky they are.

leveller2911

an1179 wrote: »

They do plan to live in the new house.

The parents will continue to occupy the original farmhouse

The agricultural tie as I understand it slashes the market value of the original property by 25%?

Is it just me or are others thinking the reasoning for building is for profit and not for a "home"...

Farmers in general take advantage of planning rules to build what they like where they like, in our area over the past few yrs we have had lots of "Homes" with agricultural ties having the ties lifted and then sold for vast profits.Its not right and they shouldn't be able to do it.

Agricultural ties are there for a genuine reason so that those who have livestock etc can stay in the locality to be on call 24hrs,its now being abused with building homes for children who don't even work on the farms.........:eek: