Why Are Agricultural Occupancy Conditions Imposed?
Planning policies in the UK and many other countries seek to protect rural areas from unnecessary housing developments. The countryside is generally reserved for agricultural and natural use, with planning permission for new dwellings being tightly controlled. Agricultural Occupancy Conditions are one of the few exceptions to this rule, allowing rural workers to live near their place of work when it is essential to do so.
For example, farming and equestrian businesses often require workers to be available 24/7 to manage livestock, maintain crops, or handle emergencies. AOCs enable these businesses to house employees in close proximity to the business. Without such conditions, these workers might struggle to find affordable housing in rural areas where property prices are inflated, and development is limited.
Who Can Live in a Property with an Agricultural Occupancy Condition?
To comply with an AOC, the occupant must be employed in agriculture or a related rural business. This typically includes farmers, farm managers, foresters, equestrian workers, or even those working in horticulture or other land-based industries. The condition will usually also extend to the dependents of the agricultural worker, such as a spouse or children, or widow or widower of such a person.
The definition of "dependents" has been broadened in recent years, as seen in legal cases like Shortt v Secretary of State for Communities and Local Government Shortt v Secretary of State for Communities and Local Government Shortt v Secretary of State for Communities and Local Government 2014. In this case, the court ruled that a "dependent" could include a spouse who is not financially dependent on the agricultural worker but still shares the home with them. This interpretation has widened the scope of who can lawfully reside in a property subject to an AOC, making it more inclusive for families. Consequently, the Shortt case could provide a way for a family to lawfully occupy an AOC dwelling always provided that an adult is genuinely employed in agriculture. However, ‘hobby farming’ or the keeping of a few horses would not be sufficient and the best policy would be to seek confirmation of the proposal from the local council by way of a Certificate of lawfulness.
Pros and Cons of Agricultural Occupancy Conditions
Pros
1. Enables Planning Permission in Restricted Areas:
AOCs allow rural businesses to secure planning permission for housing in locations where new dwellings would typically be prohibited, ensuring essential workers have homes near their place of employment.
2. Provides Affordable Housing:
Rural workers can access affordable housing in the countryside, which might otherwise be too expensive without the occupancy restriction.
CONS
1. Limits Property Value:
Properties with AOCs tend to have a much lower market value because they can only be occupied by buyers who meet the AOC’s requirements, thus significantly reducing the pool of potential purchasers. Also, mortgage companies are often now unwilling to advance loans for such properties. This can make such properties almost unsellable.
2. Challenges with Inheritance and Resale:
If a property subject to an AOC is inherited by someone who doesn’t meet the conditions, they may not be allowed to live there, neither can they rent the property to a non-compliant tenant, or even get access to equity release on the property’s value.
3. Remove Agricultural Tie:
It can be complex and expensive to satisfy an agricultural occupancy condition and removing the agricultural tie can seem impossible without the right help.
How to Obtain Planning Permission with an Agricultural Occupancy Condition
Securing planning permission with an AOC requires demonstrating a clear need for a rural worker to live on or near the property, plus there must be evidence of a viable existing agricultural business. So someone with a mere proposal would be wasting their time submitting an application for a new farm worker’s dwelling. The National Planning Policy Framework (NPPF) outlines the criteria, including proof that the worker’s presence is essential to the ongoing operation of the business. However, Livestock farming, for instance, often justifies an AOC, as farmers need to be on-site to care for animals round-the-clock.
Just stating a need is not enough; applicants must also show that there are no suitable existing properties in the area and that the business itself is viable and will remain so for the foreseeable future.
Can Agricultural Occupancy Conditions Be Removed?
Agricultural tie removal is challenging but possible. There are two well known methods:
1. Proving a 10-year breach: If a property has been occupied by someone who does not meet the AOC conditions for over 10 years, the owner can apply for a Certificate of Lawful Existing Use or Development (CLEUD). However, strong evidence is required, and local authorities have been known to take enforcement action during this period.
2. Demonstrating no local demand: The more common route involves marketing the property for at least 12 months at a price that reflects the AOC restriction. If no eligible buyer or tenant is found, the owner can apply for the condition to be removed through a Section 73 application.
However, our team are able to achieve the removal of agricultural ties using a variety of other methods apart from the usual two mentioned above. We have a wide and varied experience as council planning officers, so are able to see opportunities which may have otherwise been missed. In some cases, we are able to prove to the Council that a restriction should never have been imposed in the first place, therefore the tie should now be lifted.
