Agricultural Occupancy Marketing Requirements

A recent case heard in the Upper Tribunal sheds some light, or at least serves as a reminder of the hurdles to be overcome when seeking the discharge of an agricultural occupancy restriction.

In the Matter of an application by (1)Peter Rasbridge (2) Eleanor Rasbridge sub nom Re 2 Cefn Betingau Farm Rhydypandy Road Morriston Swansea SA6 6NX (2012)was an application to lift a restriction imposed in a section 52 Agreement entered into in 1986.

The facts - The wording of the restriction was

"that the occupation of the development shall be limited to persons solely or mainly employed or last employed in agriculture as defined in section 290 Town & Country Planning Act 1971 or a dependent of such a person residing with him or a widow or widower of such a person"

Although in this case the wording was contained in an agreement, it is almost identical to wording recommended in Circular 11/95 and commonly found in planning conditions imposed on permissions.

An application to remove the restriction had been refused by the Council and therefore because it was contained in an agreement, an application was made to the Tribunal...