Agricultural Occupancy Clause

[itsgrimupnorth]

Hi, I was actually after a bit of advice if anyone can help. I'm 24 and living at home and my parents are looking to move to a more rural property for their retirement, which is great as I already have two horses and was hoping to breed, and this would tie in perfectly.

The problem is, the house that we want is subject to an AOC as defined in the Town and Country Planning Act 1990 Section 336(1). Apparently this means we must work or have previously worked in agriculture (including the breeding or keeping of livestock).

I used to work at the Riding Stables at which my horses are currently kept and could I'm sure get a letter confirming as much, but the Estate Agents we're dealing with are being a bit unhelpful and I almost feel like we're not welcome because we're 'outsiders'.

This property consists of detached house, 4.5 acres, 5 loose boxes, feed room etc and is describes as having 'excellent equestrian facilities'. The land is divided into three paddocks and I'm sure is only currently used for horses, so I'm not quite sure where the problem lies. The Agents have said we need to prove to the council that we satisfy the criteria.

Can anyone suggest anyway I can work round this or offer any advice in the matter? Any help would be much appreciated.

[xoggoth]

Not sure, but if you check in regularly I am sure you will soon get lots of helpful and informed comments on a contractor website.

[threaded]

The word "Agent" should tell you all you need to know. Estate Agents won't know jack about this kind of thing, they barely know what a house is. That is why they appear unhelpful. Your conveyancing lawyer would be the person to ask.

It comes down to whether you can convince the council you are worthy.

[nobody here but us chicke]

aoc

Not a chance.

Agent not being very helpful because you have no chance.

While it is true that some councils are more flexible than others you need to demonstrate that main income is from agriculture. the fact that there is only a paddock now is not the point. AOC exists to stop farmers growing housing estates and ensure property is available for low paid ag workers.

thats why it is a cheap property, though god knows anything near hull should be given away free imho.

on the other hand, knowing some places are flexible, and have been flexible. you may need a suitable 'enabling fee' to be supplied in a brown envelope.

[ASB]

From planning perspective Equestrian is not Agricultural. The property will have been built as an agricultural workers dwelling. There may also be other agreements on different property as a result of the permission for this one being granted (but that is irrelevant to you).

The estate agent will not help anybody. This is because they are at serious risk of becoming responsible for any advice they give. However it is not something they can influence it is simply a planning matter.

The tie would also generally allow people currently working in agriculture to occupy legitimately. The "previous" bit is to allow people not to be thrown out on retirement.

Quite what constitute satisfatiction for the tie is a moot point. It often depends upon the plannig authority, how agressive (or otherwise) their enforcement team are and how much your neighbours grass you up.

Your proposed equestrian activities won't cover it.

Some planning authorities will be cool if you just play lip service (borrow a few cattle and graze them, or acquire a few sheep. They wil likely need to share with the horses rather than being in one of the paddocks).

Others will want to see you making most of your living from it (or at least an active business rather than what they perceive as a hobby).

It is often possible to get the ties lifted. Also there are questions as to what would happen if you just bought the place and moved in. I can recommend an excellent agent who deals with this sort of thing a lot. However he ain't cheap and he is in the south west.

[threaded]

Others will want to see you making most of your living from it (or at least an active business rather than what they perceive as a hobby).

Does anyone, except for a few big industrial monoculture places in Anglia actually make a living from farming?

[thunderlizard]

If 'farming' includes 'collecting farming subsidies', then yes.

[xoggoth]

Hey look! when I said I was sure he would soon get lots of helpful and informed comments, I was being sarcastic! What is up with some of you people?

At least CUK can rely on me and threaded to keep the side up with unhelpful drivel.

[OwlHoot]

Does anyone, except for a few big industrial monoculture places in Anglia actually make a living from farming?

Yes, if you include growing "exotic" tobacco - But you don't need hundreds of acres for that, just an ultraviolet lamp and some dodgy mail order "bird seed" to get started ;-)

[The Lone Gunman]

Write a letter to the Council with "is it cos I is black" to finish.

That should sort it?