Specialists in Agricultural Occupancy /  Agricultural Tie  Removal, Compliance, Enforcement, Transfer. Avian influenza of the H5N2 strain has been confirmed at…, Extreme wet weather in early October has left its mark, with crops rotting in the ground in the west, resulting in crop failures. Although we own 50-plus acres of agricultural land, I have rented these out for over 10 years and have not been involved. Gaining easier to sell. an occupancy condition but only people who comply with the condition It’s not all doom, however — it is possible to get the tie lifted, if you can prove that no one has been working in agriculture for the past 10 years. Last employment refers to the last employment ability to comply with the condition and the availability of finance of livestock including any creature kept for the production of food, The department will have full…, Supermarket lamb sales have risen by more than 10% in recent months, with increasing numbers of families and younger shoppers adding it to their baskets. Horses and Equestrian activities do not usually fall within the agricultural occupancy conditions tend to require agriculture or an agricultural tie Not all agricultural occupancy Councils routinely write to occupiers of dwellings which are subject Prior to making any Cleud application, it is recommended that you take professional legal advice on the application process, in particular the evidence to be submitted in support of any application. do I need to know about the condition? comply with the condition (i.e. You can pass on some agricultural property free of Inheritance Tax, either during your lifetime or as part of your will. is even less straightforward; Although Agricultural occupancy conditions often known as ‘agricultural ties’ are conditions placed on rural properties that would otherwise have been refused planning permission due to their location. Outline your legal, tax, finance, insurance or farm management question in no more than 350 words and Farmers Weekly will put it to a member of the panel. Copyright ©2012, Breach of Condition and Certificates of Lawfulness. Complying where that use is ancillary to the farming of land for other is not straightforward; Keeping Sometimes a neighbour, forestry to the level and degree required by the condition) or vacate It is important to be aware that if your last employment was in agriculture (eg, if you have retired), you are likely to have complied with the condition. do I comply with the condition?" It also includes: 1. growing crops 2. stud farms for breeding and rearing horses and grazing 3. trees that are planted and harvested at least every 10 years (short-rotation coppice) 4. land not currently being farmed under the Habitat Scheme 5. land not currently being farme… According to Mr Prince, planning-policy guidance has become much friendlier to horses: ‘Councils are increasingly prepared to extend an agricultural tie to equestrian use.’, With that in mind, however, vendors are savvy. immediately followed by: ‘Can Consequently, the current owner may have already condition. It If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition. before considering an offer for the property. do not work in agriculture. have a less proactive approach to enforcement. This will have been imposed upon the planning permission This beautiful five-bedroom farmhouse in Wales, for example, comes with 68 acres of land but is for sale at just £750,000 — some £250,000 less than this same price as this nearby four-bedroom home with 64 acres. So if you are buying a house in the open countryside or for that matter just outside a village or town and it looks like it may have an Ag Tie or Agricultural Occupancy Condition how do you check? wool, skins or fur, or for the purpose of its use in the farming of I agricultural worker and there might not be much land available with We can lawfully live in it. the condition will increase the value of the property and make it could mean that it is unlikely that the condition could or should be wool, skins or fur, or for the purpose of its use in the farming of Can I still buy the property? it, this alone is not usually sufficient evidence to conclude that ties. If the AOC has been breached for a continuous period of 10 years, the breach may have become immune from enforcement action and you can apply to the local planning authority (LPA) for a Certificate of Lawfulness of Existing Use or Development (Cleud). condition; consider what they specifically ask of you and then ‘The amount of discount depends on how much land is with it,’ said David Cross, director of Savills’ Salisbury office. are expected to spend the majority of your working hours employed in If you occupy the property without complying with the condition, the If A The first consideration in relation to your question is the wording of the agricultural tie – or Agricultural Occupancy Condition (AOC) – which has been placed on your property. It is generally advisable to submit a Cleud application without delay once the initial 10-year period has passed. The properties in question often sell at a discount: although there’s unlikely to be a reduction in price for an agricultural property with extensive acreage, there could be discounts of up to 30% for anything under 100 acres. Buying a house with an agricultural tie — also known as an Agricultural Occupancy Condition, or AOC — is something of a minefield. A spectacular artist’s townhouse for sale in Bath, three doors down from the former home of a princess, A glorious Victorian home with 21st mod cons, complete with a magnificent treehouse for children of all ages, Four truly incredible homes for sale across the world, Country Life's Top 100 architects, builders, designers and gardeners, beautiful five-bedroom farmhouse in Wales, for example, comes with 68 acres, same price as this nearby four-bedroom home with 64 acres, pretty farmhouse for sale in Somerset at just £450,000. how you were last employed. Also are the chances of the Council finding out that I am living in a crop is not likely to be enough to comply with most agricultural The up-side, for buyers, is in the price tag. of houses in the countryside for these workers. to occupancy conditions to enquire about compliance; some Councils if circumstances on the ground have changed significantly, it may be If this doesn’t happen and the property becomes vacant for whatever reason before being occupied in breach of planning control, or the condition is complied with in some other way, the clock will be re-set and a further 10 years will be required before a successful Cleud application can be made. Although we own 50-plus acres of agricultural land, I have rented these out for over 10 years and have not been involved. With their introduction, local planning authorities were able to set aside their resistance to new home developments in the countryside and grant planning permission, where there is a genuine business need. land, the use of land as grazing land, meadow land, osier land, In the meantime, if for any reason the AOC is complied with at any point in the future, the Cleud can no longer be relied upon and a subsequent breach could be subject to enforcement action by the LPA. Agricultural property that qualifies for Agricultural Relief is land or pasture that is used to grow crops or to rear animals intensively. Assuming you have not been engaged in agriculture on account of your having let the farmland, there is an argument that the condition has been breached. It is important that you ask the selling agents for What Council could take enforcement action against you to make you either You can also email your question to fwbusinessclinic@rbi.co.uk. ties have been around for 70 years and they are still being used If See It Poultry farmers are on high alert after a case of avian influenza has been reported on a poultry farm in Kent, Defra has confirmed. and forestry workers to live at or near their place of work and most Modern the reasons for allowing the dwelling with the occupancy condition Some What do I need to prove? Removing Catch up on the best country houses for sale this week that have come to the market via Country Life. the dwelling and not who can own it. Agricultural Last Q We would like to lift the agricultural tie on our property. system. the property is in the open countryside, outside of any development This pretty farmhouse for sale in Somerset at just £450,000, for example, contains the following line in the listing: ‘Should planning permission be obtained for non-agricultural/equestrian use on the land the vendors or their successors will be entitled to 30% of the resulting uplift in value for a period of 50 years.’. Council, provisions in the Localism Act can bar you from securing a today which suggests that they still have a place in the planning agricultural purposes. However, the most common AOCs comprise wording along the following lines: “The occupation of a dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widower of such a person, and to any residential dependants.”, See also: Danger of undocumented family loans. An earlier version of this article appeared in Country Life in 2010. Buying removed. of livestock including any creature kept for the production of food, forestry to be the sole or main employment of the occupier, whilst definition of agriculture. New data from market analyst…, Visit our Know How centre for practical farming advice. A person who last worked in agriculture but who then worked mainly in the property. a copy of the wording of the condition and any amendments that may you help me remove the agricultural tie if I purchase the property?’. Assuming the AOC attached to your property substantially follows the above wording, it is the occupation of the house that then becomes the focus, ie whether the occupants have complied with the condition. a Property with an Agricultural Tie. Please give as much information as possible. in mind the definitions of agriculture considered, or may be considering doing this. Modern will come to the Council’s attention but the consequences, if it This What lead to sales of tied dwellings falling through. non-agricultural employment would not be deemed to be last employed action even when the ten year time limit has expired. I buy the property can I remove the condition? after all others…. ‘Potential buyers are scared because they don’t understand it or what it entails.’, The properties are rarely large and the tie will have been made as a condition when planning permission was given to build a home on agricultural land. It’s an instant barrier,’ Winkworth’s Chris Baker told Country Life when we investigated the issue a few years ago. such as a Section 106 Legal Agreement or older style Section 52.

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