Agricultural Occupancy Condition

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  • CyrilCyril Forumite
    583 Posts
    I'm so sorry Planning_Officer you must be exhausted but I also have a question.

    I have some land that doesn't have an AOC and was wondering if I could start a dog kennels from the site.

    Also would I be allowed to offer small business use, I have been asked if I would rent a barn to someone who wants to start as a self employed mechanic.

    Thank you very much.
    :beer:
  • Richard_WebsterRichard_Webster Forumite
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    I'm so sorry Planning_Officer you must be exhausted but I also have a question.

    I have some land that doesn't have an AOC and was wondering if I could start a dog kennels from the site.

    Also would I be allowed to offer small business use, I have been asked if I would rent a barn to someone who wants to start as a self employed mechanic.

    Thank you very much.

    You haven't told us what the present authorised use of the land is.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • CyrilCyril Forumite
    583 Posts
    Its an equestrian yard.
    :beer:
  • RabbitMadRabbitMad Forumite
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    unfortunately I fear that with the death of your relative, there is no longer a current breach of condition

    Thanks, I found out that via a bit of googling earlier this week when booking the estate agent for the probate valuation (Ellis v Secretary of State for Local Government) and was going to update this thread after I'd raised this with the Solicitor.

    Fortunately we've had continuous breach (assuming my relative was in breach) as another relative moved into the property who is in breach of the condition to look after the pets.
  • Richard_WebsterRichard_Webster Forumite
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    I have some land that doesn't have an AOC and was wondering if I could start a dog kennels from the site.

    Also would I be allowed to offer small business use, I have been asked if I would rent a barn to someone who wants to start as a self employed mechanic.
    You haven't told us what the present authorised use of the land is.
    Its an equestrian yard.

    Dog kennels aren't the same as an equestrian yard and motor repairs are certainly not part of an equestrian use! Of course in the country people get away with all kinds of things, but you were asking if planning permission would be needed and I think you will find it would!
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • CyrilCyril Forumite
    583 Posts
    Dog kennels aren't the same as an equestrian yard and motor repairs are certainly not part of an equestrian use! Of course in the country people get away with all kinds of things, but you were asking if planning permission would be needed and I think you will find it would!


    I did think that in all honesty and thank you for confirming so.
    :beer:
  • planning_officerplanning_officer Forumite
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    Cyril wrote: »
    I have some land that doesn't have an AOC and was wondering if I could start a dog kennels from the site.

    Also would I be allowed to offer small business use, I have been asked if I would rent a barn to someone who wants to start as a self employed mechanic.
    Richard has already answered the questions above, but I just thought I'd point out that land doesn't have an Agricultural Occupancy Condition (AOC) on it - that only applies to dwellings. It is a condition attached to the planning permission for when the dwelling was first built, stating that only agricultural workers can live in it.

    I think you just mean that your land is agricultural in use - although you actually say it's equestrian, and that's not agricultural - so I presume you must have had planning permission granted for that change of use in the past (agricultural to equestrian) - either that, or it's been equestrain for the past 10 years so is now immune from enforcement action.
  • The value per acre rapidly decreases as the acreage increases.
  • edited 11 March 2011 at 1:45PM
    RabbitMadRabbitMad Forumite
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    edited 11 March 2011 at 1:45PM
    RabbitMad wrote: »
    I've recently inherited a house with an AOC. The relative that died had been a market gardener when permission (back in the early 80's) was granted but ceased within a year or two of moving in to the property. Since then he's had many occupations (all self employeed type work)

    Is he likely to have been in breach of the condition? If so does his >10 years continuous breach allow us to gain a certificate of lawful use?

    RabbitMad wrote: »
    Thanks, I found out that via a bit of googling earlier this week when booking the estate agent for the probate valuation (Ellis v Secretary of State for Local Government) and was going to update this thread after I'd raised this with the Solicitor.

    Fortunately we've had continuous breach (assuming my relative was in breach) as another relative moved into the property who is in breach of the condition to look after the pets.

    Update
    I've spoken to a planning expert who thinks that as the AOC was a condition of granting planning permission to the property my relative had built whilst my relative complied with the condition the fact he ceased that occupation afterwards will prevent us getting a certificate of lawful use. i.e they are saying that he was not in breach of the condition even though for the last 20 years he has not occupied in forestry or agriculture.
  • planning_officerplanning_officer Forumite
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    I don't follow that - your relative will have been in breach of the condition if he was involved in work other than agriculture (unless someone else was also living in the house who was mainly involved in agriculture, then they would be satisfying the condition). However, if your relative had ceased working in agriculture, but then did not take any other work, he would have still have been complying with the condition, as he would then have been 'last employed' in agriculture.
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