Agricultural restrictions: burden or opportunity?

Posted 20/05/2013

Many of you will still be bearing the scars of obtaining permission for dwellings with agricultural restrictions, and you will no doubt be able to recite ‘off by heart’ the wording of the condition that requires the property to be occupied by persons engaged in agriculture, etc. The purpose of this article is to suggest to you that you may be fretting unnecessarily, and a health check of the planning permission and its implementation might bring a pleasant surprise.

As you might imagine, given the disparity in value between a  property with an agricultural restriction and one that is free from it,  local councils and various landowners have engaged in the odd skirmish, resulting in a series of legal precedents that establish some basic principles. Add in some further decided cases that deal with the general law concerning planning conditions, and the result is a heady mix that can (in the right circumstances) be used to get a result on a property that was never subject to the agricultural restriction despite what the council and landowner may have thought. Not only does this provide opportunities to use the property for occupation by a wider range of people, there is the added advantage of a significant increase in asset value.

All of this hinges around what are termed “pre commencement” conditions and the application of a number of tests derived from the various court cases relating to this area.Our specialist planning  team can investigate whether or not you could avail yourself of this opportunity for a quick win and then promote the relevant application to the council to establish the legality of the position on your behalf.

For those of you who have been praying for the 11th commandment in aid and have been using the property in breach of the restriction we can help either in the event of the local authority taking an unnecessary interest in what you are doing, or if you have been in breach for more than 10 years.

In either case please contact Bob McGeady our planning specialist via email Bob.McGeady@ashtonslegal.co.uk or telephone 0771 428 1254. Alternatively complete one of our enquiry forms.