Inherited house with planning restriction.

postiepatman

My sister and I have recently inherited the family home, a small holding of just over an acre. The house has a Farming, forestry worker planning restriction inplace since it was built in the 1970's.
































We have decided to sell the property.
















Is it prudent to try and get the restriction removed?


If so how do we remove it

AnotherJoe

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Can get it lifted, yes

Norman_Castle

Whats a Farming, forestry worker planning restriction? Don't planning restrictions normally restrict the property or land while farming or forestry worker restrictions involve who lives at the property?
What are you restricted from doing?

Cakeguts

Do you mean that only someone working in these jobs are permitted to live there?

kilby_007

Depends on what has changed since the condition was imposed (presuming it's an agricultural occupancy condition). You need to have a good reason to propose that the condition is removed, you can't just say "the value of my house will be affected" but a solicitor might be able to help you if the local surroundings or plot size has changed since the condition was imposed, such that it is no longer viable to maintain the plot for agricultural use. If nothing has changed, it's unlikely you'll get it removed IMO.

Davesnave

This is the main forum thread which may be of interest if it's an Agricultural Occupancy Condition involved:

https://forums.moneysavingexpert.com/discussion/1254937

Happy reading!


However the short answer to your question is that removing restrictions takes a long time and may, in practice, prove almost impossible.

agrinnall

Why not just sell it to someone in the category of people who are supposed to live there? That's what the restriction is for.

Davesnave

kilby_007 wrote: »

Depends on what has changed since the condition was imposed (presuming it's an agricultural occupancy condition). You need to have a good reason to propose that the condition is removed, you can't just say "the value of my house will be affected" but a solicitor might be able to help you if the local surroundings or plot size has changed since the condition was imposed, such that it is no longer viable to maintain the plot for agricultural use. If nothing has changed, it's unlikely you'll get it removed IMO.

The economic viability of a property & plot is not necessarily relevant. Many ag-tied properties were built to house workers, not land owners.

Frankly, the typical amount of land sold with an ag-tied property is rarely enough to be economically viable through traditional farming, so if poor viability could be used as a reason to remove the tie, most would gain release via this route.

Individual councils' policies have more bearing on the matter than almost anything else. Where I am, the council is extremely reluctant to remove ties, but it does little or nothing to actually enforce the rules.