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!