Agricultural ties and occupancy conditions are imposed on properties for agricultural workers when first permitted. They will remain on the property irrespective of changes to the farm which ensures the dwelling is available to the wider “agricultural community”.

Agriculture in planning terms is defined in the Agricultural Act dating back to the 1940s.

Employed in agriculture therefore means in the primary sense “involved with growing crops or looking after animals”.

People supplying services to agricultural businesses such as agronomists or even contractors do not normally comply. Removing a condition has to be done by way of a planning application in which case two matters have to be proven; lack of need on the holding and in the locality.

Whilst need on the holding can be done with an assessment of stocking, cropping and land farmed, need in the locality will generally require a marketing campaign showing that the property could not sell to buyers who comply. Given the general lull in the property market and the lack of bank lending, the time to market is now.

The Planning Act allows for a breach to be unenforceable when sufficient time has passed at which point local authorities can no longer take action. In the case of agricultural ties, this is ten years. If non compliance has occurred continuously for ten or more years, a Certificate of Lawful Existing Use or Development can be applied for which allows for future lawful occupation without complying with the tie. Such cases are a matter of fact and should be handled with extreme care.

It is possible to amend a tie, for example to bring it in line with the modern wording or to add other non-agricultural uses such as equine. This also has to be done by way of a planning application.

Acorus Planning Consultants are experienced in all aspects of agricultural dwellings and occupancy conditions. It is important to get things right and there is a lot of misinformation given regarding what an occupancy condition means, so farmers shoul take advice from an expert. More information is available from Acorus consultant James Whilding on 01392 873900 or by logging onto www.acorus.co.uk.