TIM AXE
M.A. (OXON.) L.A.R.T.P.I MEMBER LAW SOCIETY PLANNING PANEL
www.barbertitleys.co.uk
AGRICULTURAL OCCUPANCY CONDITIONS
Why are Ag Tags needed? Agricultural justification New dwellings - functional and financial tests NPPF and repeal of Annex A to PPS7
Wording of Ag Tag - Circular 11/95
“The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any other resident dependants� Always check wording on planning permission May omit one element or more
Impact of Ag Tags
Restriction on occupation Fetter on selling Funding issues for Purchaser Reduction in value
Double Ag Tags
Need for additional dwelling Impact on unfettered farmhouse Special situation - retirement of parents Keen v SOS & Aylesbury Vale DC (1995)
Removal of Ag Tags - Preliminary
Is there an Ag Tag problem? Always see the permission imposing the Ag Tag Is there an Ag Tag imposed by condition? If not cannot be enforced (I'm Yer Man v SOS ETR 1999) Do not appeal against grant of permission
Discharge of Ag Tags - Marketing
Check wording of condition Usually need to demonstrate lack of need in "locality" Market thoroughly – “For Sale” board, website, press etc Keep good records for marketing report Press adverts "For Sale" and/ or "To Let”
Discharge of Ag Tags - Marketing
Consumer Protection from Unfair Trading Regs 2008 Business Protection from Misleading Marketing Regs 2008 "Consumer" includes prospective purchaser "Transactional decision" can include whether to view property/ make an offer Client should want to sell
Local Occupancy Conditions
Restricts occupation to classes with local connection NB National Park Authorities Impact on value and saleability Check Local Policy at outset
Discharge of Ag Tags - Other Grounds
Too large and valuable Change of Planning Policy (Hambleton DC v Secretary of State for the Environment and others [1994]) NB Successful application for discharge removes condition entirely
Certificate Of Lawful Use - General
Matter of Fact- need to prove Balance of Probabilities (more likely than not) Planning Policy not relevant No outstanding Enforcement Notice
Certificate of Lawful Use - Occupation in Breach
10 years continuous breach (s 171B (3) Town and Country Planning Act 1990) Dwelling occupied by person who does not comply with Ag Tag No significant breaks in occupation From the date of the application for the CLU working backwards
Certificate of Lawful Development Unlawful Dwelling Prove Planning Permission never implemented But dwelling has become lawful with passage of time Effect is that no Planning Permission Therefore no Ag Tag
Certificate of Lawful Development Unlawful Dwelling S171B(1) Town and Country Planning Act 1990 “Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of 4 years beginning with the date of the breach� The Beesley case - (SoS CLG v Welwyn and Hatfield BC Supreme Court 2011) New build dwellings - 4 years or 10 years?
Certificate of Lawful Development Unlawful Dwelling OTHER GROUNDS Wrong place Wrong House Too soon Breach of Condition Precedent (Greyfort Properties v SoS CLG and Torbay DC 2011)
Conclusion
Area is complicated Devil in the detail Always need to research background Keep an open mind as you can never be too sure what you might find!