Removal Of Agricultural Occupancy Conditions: The Importance Of Marketing At A Realistic Price

A recent appeal decision relating to the removal of an agricultural occupancy condition reflects the importance of ensuring that the asking price is realistic and that a proper marketing exercise is evidenced where this is a requirement of local planning policy.

Planning permission had been granted to build an agricultural worker's dwelling and garage which, for planning purposes, was located outside the development boundary and in open countryside. Accordingly, the permission was subject to a standard agricultural occupancy condition limiting occupation to persons solely or mainly employed in agriculture or forestry.

However, after marketing the property for over twelve months, with seventeen farms within a five-mile radius being contacted to ensure that the sale was brought to the attention of the local farming community, there were only three viewings and no formal offers. Therefore, the developer applied to have the occupancy condition removed. As is often the case, the local development plan permitted the removal of an occupancy condition only where it could be demonstrated that there was no existing or foreseeable need for...