Julie Newton of Carver Knowles has successfully acted on behalf of a client to remove the agricultural occupancy condition on a Farmhouse in Herefordshire despite the occupant complying with the condition. The tie removal was achieved within 6 months of Mrs S first contacting Carver Knowles.
- 1981 planning consent limiting the occupant of the dwelling to be mainly or solely employed in agriculture of forestry
- Mr & Mrs S considered to comply due to their forestry business
- Mrs S stayed in the house following the marriage breakdown but wanted a job not related to agriculture or forestry
- Mrs S did not want the stress and upset of marketing the property but wanted the tie removed so she wouldn’t risk non-compliance.
- Mrs S was also aware the removal of the restriction would increase the value of her house by 30%.
Mrs S instructed Carver Knowles to undertake an an initial appraisal of the property to identify if there were any suitable routes available for the removal of the restriction without the need for public marketing. The appraisal identified the routes available in this scenario however it was quite clear that the best value option with the highest chance of success was to contend the development was not correctly implemented and therefore could be removed by applying for a Certificate of Lawful Development.
The application process
An application was made to Herefordshire council to regularise the dwelling and confirm that the agricultural occupancy condition was not enforceable. Evidence submitted included plans and confirmation of Mrs S’ continued occupancy of the property.
As the application was a legal application local policy is not applicable. Although there were delays within the Council the Certificate of Lawful Development was duly granted within 14 weeks of the submission of the application and confirmed the effective tie removal.
The benefits of tie removal
- Mrs S can seek employment in any industry and remain in her home
- The value of the property has increased by 30%
- The removal of the condition is permanent
- The property could be mortgaged by any high street lender
- The range of potential purchasers of the property has increased significantly
If you have an agricultural tie on your property and you are concerned about compliance or would like a review please contact Julie Newton on 01684 853400.