WHAT IS AN AGRICULTURAL TIE?
An agricultural tie is a planning condition or obligation placed, by the Council, upon the planning permission for a house built in the open countryside where development would not normally be permitted.
The tie seeks to restrict occupancy of the dwelling to those employed in certain jobs.
The planning permission will only have been granted because someone was able to demonstrate an essential need to live close to their place of work in either agricultural, forestry or equestrian employment.
Agricultural/forestry/equestrian occupancy conditions are still being imposed today, thus they remain valid and have a place in the planning system.
Since their introduction when the first Town and Country Planning Act first came into force in 1948 they have been worded in various forms with varying meanings and requirements.
The current model condition specifically requires that:
There have been many variations to the wording of this sort of condition and it is essential that the specific occupancy condition is identified so its meaning and requirements can be properly assessed.
Whilst the meaning of agricultural occupancy conditions and agricultural ties has been discussed in Appeal Decisions and through the Courts, only one of the words contained within such a condition is defined in the Town and Country Planning Act and that is agriculture.
WHAT IS AGRICULTURE?
Agriculture is currently prescribed within Section 336 of the Town and Country Planning Act and includes:
WHAT DOES THE CONDITION MEAN?
There is a great deal to consider in terms of the meaning of each individual occupancy condition and to fully understand and evaluate them, one must consider:
Understanding the meaning of the condition can assist in determining whether there is a genuine agricultural need to retain it.
If you require assistance with any aspect of an agricultural occupancy condition or agricultural / forestry / equestrian tie, be it compliance, non-compliance and lawful use, removal or enforcement concerns, please contact us for an informal discussion.
Parsonson Planning Consultancy