Agricultural ties

planning_officer

taggarc wrote: »

Would I comply with (the agricultural occupancy condition) if I moved in and

A) My partner farmed the land (20 acres+)

We both farmed the land (at the momement I have a job that would make more than that generated by the farm, hence the option above as I am more than a few years from retiring!)

C) It wouldn't make a difference who farmed it as we are not local.

Hi sorry for my late post on this thread!

A - yes, provided the farming was your partners only or main employment (i.e. pastime) - you would then be her dependent in the sense that you are depending on her for your standard of living (i.e. to remain in the cottage).

B - similar to A - you wouldn't qualify if you work elsewhere and this brings in more money - so you are again dependent on your partner (who must be farming the land as their main employment) to stay in the cottage. Whether you farm the land as well is pretty much irrelevent - it depends wholly on your partner.

C - Not relevant at all - the requirement to be local means working in the locality. If you are living in the cottage and farming the surrounding land - that's local! It doesn't matter where you moved from.

As far as I'm aware, yes the Woods v S.O.S. case is still a good authority on this issue of one occupier farming the land. Many authorities do take the view that the higher breadwinner must be the person farming the land - including my authority until fairly recently! Based on case law, this is the wrong approach. The above case was pointed out to us by one of the better rural planning agents, and we have changed our interpretation of the standard agricultural condition. When I spoke to the agent, he did say that many local authorities weren't aware of this case, and were too strict on their interpretation of the agricultural occupancy condition. If your authority claim that you do not comply with the condition (they may say that you are the higher earner, and you are not the farmer) - you should highlight the above case, as this could persuade them to change their interpretation.

If the Council refuse to accept this argument, then you can either just move in and then appeal any enforcement notice they serve - although they could serve a breach of condition notice, against which there is no right of appeal - so that could be an awkward situation!

Other than that, before moving in or buying the property, you could submit an application for a Lawful Development Certificate, which will get a formal answer as to whether the council think you comply with the agricultural occupancy condition - if they refuse it, you can then appeal it - but obviously that takes time - several months.

I would suggest either writing/speaking to the council first to explain the situation, or alternatively just move in and farm the land - as Richard says above, unless there are obvious signs the condition is being breached and the land isn't being farmed, then the chances are it won't be investigated. It all depends on how you feel about the various courses of action.

taggarc

Thanks for all the great advice on this thread, especially Richard and Planning Officer. In the end the property went for too much money. However, I did bid after doing all my research and obtaining some great answer.

Certainly learned a lot in the process too.

Once again thanks for all the wonderful advice.

Just hope I can it to great use at a future date.

Taggarc