Agricultural Occupancy Conditions
The modern form of agricultural occupancy condition states that "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 resident dependants".
This wording has evolved over many years and therefore the precise wording of a particular condition must be checked carefully.
What does an Agricultural Occupancy Condition mean ?
Planning permission for a new house in the countryside requires special justification, such as to enable agricultural or forestry workers to live close to their place of work. It is necessary for the planning permission to be subject to an appropriate occupancy condition to ensure the dwelling is kept available to meet this need for as long as it exists. Only people who comply with the wording of the occupancy condition may occupy the house.
Is the occupancy condition being complied with ?
When a question arises whether the terms of the condition are being complied with, it is necessary to consider the legal meaning of each word. What is meant by:
"solely or mainly"(earlier versions did not contain these words). What is the position if a worker spends part of his time working in a non-agricultural business ? How many hours must be spent working in agriculture in order to be "solely or mainly" employed in agriculture ?
"working" . Is it necessary to make a profit ?
"last working". This does not mean the previous employment before a person's present employment. What is the position of a retired, disabled or unemployed agricultural worker ?
"the locality". How far does this extend ?
"agriculture". What is included in this ?
"forestry". What is included in this ?
"dependant". Is a spouse or partner a dependant ?
How may an agricultural occupancy condition be removed ?
A planning application may be made to remove an occupancy condition.
It is necessary to show that the existing need for dwellings for agricultural workers on the holding and in the locality no longer warrants reserving the house for that purpose.
This is generally demonstrated by suitably marketing the dwelling for a reasonable period at a reasonable price that reflects the occupancy condition.
This involves considering what is:
suitable marketing
a reasonable period
a reasonable price ?
When will breach of an agricultural occupancy condition become lawful?
Breach of the precise wording of an agricultural occupancy condition will become lawful after a continuous period of ten years.
If an occupancy condition has been breached continuously for at least ten years then an application may be made for a "Certificate of Lawfulness" which will officially confirm or "certify" this.
The future continuing and continuous breach of the occupancy condition will remain lawful after the ten year period provided no future occupier once again complies with the strict wording of the condition or the breach of the condition ceases in any other way and a new breach subsequently begins.
Changes in the scale and character of farming are recognised as affecting the present and long-term requirement for agricultural dwellings. Many of the applications dealt with by me are therefore on the legal basis that the occupancy condition has been breached already for more than ten years.
When may an agricultural occupancy condition not apply to a particular dwelling ?
If a planning permission includes an agricultural occupancy condition but the dwelling is not built in accordance with that planning permission, that planning permission will not apply to the house and consequently the conditions imposed by that planning permission also will not apply to that house.
A house may not be authorised by a planning permission because, for example, it is not built in accordance with the approved drawings, it is built in the wrong place or it is built without complying with a condition which states that no development can be carried out until something has first been done.
The use of such an unauthorised building as a single dwelling house may nevertheless then become "lawful" after a continuous period of four years.
For further information please contact Rob Gross
