I am often contacted by landowners looking to remove agricultural occupancy conditions from agricultural worker’s dwellings (AWDs) and my advice is usually that there are two options.
The first option is based on who has occupied the property historically. If the property has been occupied without significant interruption for a period of ten years or more by someone who is neither employed in agriculture or forestry then you may be able to apply for a certificate of lawfulness of existing use or development (a CLEUD). Whilst a granted CLEUD does not remove the agricultural occupancy condition it confirms that the property can be lawfully used by persons who do not comply with the terms of the condition. A cautionary note – should someone who is employed in agricultural or forestry (and therefore complies with the occupancy condition) then occupy the property the use will default back to being restricted by the condition.
The second option is based on demonstrating to the local planning authority that the AWD is no longer needed – the exact opposite of the original application. In order to demonstrate a lack of need it is necessary to rigorously market the property and there is substantial case law about the approach to this marketing – see Welsh Case Law Rasbridge, Re Cefn Betingau Farm [2012] UKUT 246 (LC) (23 August 2012). Whilst this case focuses on Welsh planning policy its principles are equally applicable throughout the UK.
Following on from the above a recently allowed appeal (July 2018) in South Gloucestershire (appeal reference 3195171) held that a restricted four-bedroomed chalet bungalow with nine acres of land marketed for £1.1 million was beyond the reach of most rural workers other than perhaps the most wealthy retiring farmers. The inspector held that it had been demonstrated that there was no need for a dwelling of this type in the locality and concluded that the agricultural occupancy condition was no longer reasonable or necessary and allowed its removal.
A cautionary tale on AWDs: I am aware of a planning application made by a (non-planner) agent which sought planning permission for an AWD in a location where in fact, with a good planning argument, would have been appropriate for an unrestricted market dwelling. Whilst the landowner may have been pleased to receive permission for an AWD I think they would have been disappointed to realise that they could have had an unrestricted market dwelling – particularly in the context of this article where you can see the lengths that people have to go to in order to remove an occupancy restriction.
Removing agricultural occupancy conditions is unlikely to be straightforward for obvious reasons but with proper representation through the planning process it’s certainly not impossible.
If you would like to discuss removing an agricultural occupancy condition or any other rural and/or urban planning issues please do not hesitate to get in touch with Daniel at Addis Town Planning: daniel@addistownplanning.co.uk or 01768 889 330.