AOC 10-year non-compliance. Does this include times when property is empty?

Jeepers_Creepers

Hi aaaagggaaaaiiiinnn :-)

Apparently one method of having an AOC removed is by not conforming with - breaching - its requirements for a continuous period of ten years, and if not tackled by the LA over this time, the tie can be removed.

Does anyone know how an extended period of vacancy - say 6+ months - affects this? Is it still 'non-conforming' during the vacant period or will the 10 year breach clock be reset?

Many thanks.

Davesnave

From Martin Goodall's planning blog (though he is writing in 2011 and doesn't seem very sympathetic to those who might breach their AOC conditions)

"What happens if an agricultural occupancy condition has not been complied with for a long time?
A breach of condition will become immune from enforcement and therefore lawful if it has been continuously breached for a period of 10 years, and if that breach is still continuing.
But you will need to be able to prove that the breach has continued throughout the 10-year period without interruption."

My italics.Interpret that as you will....typical lawyer! My own opinion is that 6 months is probably long enough to stop the clock.

Full text here:  http://planninglawblog.blogspot.com/2011/07/agricultural-dwellings-and-other-houses.html

In our case, the previous occupants' unwanted possessions pyre was still smouldering when we moved in and the person who worked the land had been in jail for several years, so we had a watertight head start!

Jeepers_Creepers

Lol!

Thanks Dave.

Jeepers_Creepers

As you suspected; "There’s an even more important point to bear in mind. If the property has been unoccupied for a time, then that may count as a period when there has been no breach of the agricultural occupancy condition, so that the clock goes back to zero again if the next occupier is someone who doesn’t comply with the condition. In that case, the previous occupation of the property in breach of the condition wouldn’t count towards the 10-year period."

:-)