ag tie

[mon]

I noticed a planning sign stating a residence with an agricultural tie was being occupied by someone not connected with agricultre what will the council do, will they make them buy a few sheep, knock place down or jusy slap on wrists?

 

[mattilda]

If they are renting I think they will be asked to leave. If they own it knowing most councils they will tell them off and leave them to it!!

 

[mon]

they own it what good is a telling off, no skin off my back what they do but if that is all they do why bother trying to get a tie removed, we have a tie on our house but we are proper farmers.

 

[nokia]

hang on...depends where you live some councils are very hot on the heels of this.

Before you can buy a house you need to show you make a living from agr ie..person on low wage..carnt afford to buy a house at normal prices due to low wage made from agriculture.

We have applied for planning with an agri tie and they wont give it to us...even though we farm..so we live in a caravan lol.

Remember horses arnt classed as agriculture...a few sheep wont do...this is a very complex and often frustrating subject. Removing a tie is also very difficult and rightly so..

Hope this helps xxx

 

[mon]

It took us ages to get permission, where this person is previous owner built without pp then got retrespect pp then sold dwelling, buidings and land 5 acres to a builder type approx 10 yrs ago, sounds like council just caught up with them if they do nothing makes ties an not worth paper written on.

 

[nokia]

well i think but im not a planner if its over 4 years and they havent done anything about it its difficult for thr council to do anything about it..cause they havent been doing their jobs correctly.

But by me in Wales....South wales..we can not even take down a building without some muppet calling the animal department of council..as the roof is asbestos and the neighbours where worried the cows would breath it in.But they where at the other farm..so maybe diffrent rules apply in diffrent parts of the country lol

 

[martlin]

[ QUOTE ]
hang on...depends where you live some councils are very hot on the heels of this.

Before you can buy a house you need to show you make a living from agr ie..person on low wage..carnt afford to buy a house at normal prices due to low wage made from agriculture.

We have applied for planning with an agri tie and they wont give it to us...even though we farm..so we live in a caravan lol.

Remember horses arnt classed as agriculture...a few sheep wont do...this is a very complex and often frustrating subject. Removing a tie is also very difficult and rightly so..

Hope this helps xxx

[/ QUOTE ]
Actually, you can buy, you can't live in it, but you can buy it and rent it out to somebody that qualifies.

 

[nokia]

eeerm no you carnt..an agri tie states that the owner must be employes in agriculture

 

[martlin]

[ QUOTE ]
eeerm no you carnt..an agri tie states that the owner must be employes in agriculture

[/ QUOTE ]
The agri tie states that person/s occupying the dwelling must solely/mainly employed or have recently been employed in agriculture or be dependant/widow/widower of such a person.

 

[nokia]

If you buy a property with an agricultural occupancy condition attached to it you are almost certainly going to have to demonstrate that you earn your living from agriculture or forestry. If you can't, the local council can take enforcement proceedings against you, leading to a court appearance and a heavy fine, this is from DEffRA web site

Anyway its a complex issue....so dont think we will sort it out on H&H web site... we can agree to disagree lol

 

[Dubsie]

If however you can prove that it's not/no longer viable to earn a living from agriculture at the property, then you can get the tie lifted. Easier to do on the edge of suburbia, but there are firms that will pursue this on your behalf.

 

[combat_claire]

If you can prove you have been in breach for 10 years or more without the council taking action then you are able to apply for what is called a Certificate of Lawfulness to have the agricultural occupancy restriction lifted. Alternatively you need to prove as Dubs said that there is no way that can be a viable holding, usually you will be asked to demonstrate that you have marketed it properly and at a suitable price to reflect the restriction. If after a long period of time you are able to show that no qualifying people from the locality have shown any interest then the chances are you can get it lifted.

Planning policy does vary from authority to authority, we had a battle royale for a client in Lincolnshire, but West Norfolk seem to be more realistic in their approach and willing to find a flexible and workable solution that suits all parties.