While the price of a property may seem prohibitive to a farm worker and there may not be much land with him, it is generally not sufficient evidence that the restriction should be lifted. The land is rarely large and the tie will have been made as a condition if the building permit has been granted to build a house on farmland. The Up-Side, for buyers, is in the price mark. The properties in question often sell at a discount: although the price of a large agricultural property is unlikely to be reduced, there could be discounts of up to 30% for anything less than 100 hectares. “The amount of the rebate depends on the amount of land it represents,” said David Cross, director of Savills` Salisbury office. “The smaller the amount of land, the greater the discount.” Another possibility might be to see if the Commission will accept other uses such as the completion of the tie. According to Prince, the direction of the planning policy has become much more friendly for horses: “Councils are increasingly willing to extend an agricultural link to riding.” The planning system has been the subject of a number of amendments that have been consolidated in the Planning Act 1990. Section 106 has thoroughly revised Section 52 of the 1947 Act and revised the concept of agreements (known as “planning commitment contracts” or more often “section 106”), in which the proponent is subject to detailed agreements and restrictions that go beyond what goes beyond a planning condition or by which it makes financial contributions beyond immediate construction work to offset the impact on the local community. This was quickly modified to allow a developer to adopt commitments himself to avoid any objection to the building permit.

This will prevent the planning authority from blocking the authorization by not negotiating. “In recent years, the issue of reduced occupancy of farm housing has been considered by planning inspectors in a number of appeal cases. In these cases, inspectors have always concluded that S106 agreements are not necessary and that the imposition of a planning condition is sufficient. The inspectors also recognized that the imposition of S106 bonds to bind agricultural units would unduly affect the value of farms and the ability of farmers to buy and sell land, and would unduly affect farm management,” adds Dinnis. It is important that you see the text of the agricultural occupation situation. This will have been imposed on the building permit of the apartment. It is important to ask sellers for a copy of the condition text and any changes that could have been made over time. Not all agricultural occupancy conditions are “standard” and the text is extremely important. The conditions of an agricultural tie can be discouraging.

They generally prescribed that “the occupation of the estate is limited to a person exclusively or primarily employed or used as a last resort in agriculture within the meaning of Section 290 (i) of the Town and Country Planning Act 1971 or in forestry (including all dependants of a person who resides with him) or a widower or widower of such a person.” Thus, it would be possible to respect the tie if an alleged buyer previously worked in agriculture or was married to someone who was. If the violation of the condition is intentionally charged by the Council, the provisions of the Localism Act may prohibit you from obtaining a legal certificate and allow the Council to take enforcement action after the 10-year period has expired. If you occupy the property without fulfilling the condition, the Council could take enforcement action against you, either with the condition (i.e.