Rules on Agricultural ties on property.

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Steeleydan

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Iam posting this on behalf of my father who at the age of 67 is a parish councillor and asked me these questions, I cannot answer(dont know why he thought I knew!) But thought you guys might help.
In our village a farm shop with residance got sold last year very cheap cos of an ag tie. for a while they have run it as a farm shop, but now they have shut the farm shop and put in planning permission for stables to train racehorses, the question my father has is
1) Does an equestrian bussiness meet the rules of an ag tie?
2) Does an equestrian bussiness have to have a licence to have a muck heap?
By the way whether or not the man gets planning or not, its at the other side of the village to us and in no way affects us or our property, its just my dad is retired and been a bit of a busy body!!!
Any answers will be greatly appreciated, cos in a while he will be asking if I got an answer off the forum.
 
1. in general, no, but it very much depends how exactly is the ag tie worded, I wouldn't have imagined a farm shop would be enough to comply with a standard ag tie either.
2. no, not as far as I know, animal health might want to inspect, but there is no specific licences for muck heaps.
hope that helps
 
I'm sure they would need to lift the ag restriction and have the land approved for equestrian use first, thats assuming it is a definate ag restriction and not just an assumption because it was a farm shop.

The things in its favour to change to equestrian is that it is an existing business with a customer base and exsting footflow, therefore visibility splays and highways objections are not likely to be an issue.

There is already a residence so it is a ' used site' and not open rural views.

As for the muck heap you don't need a license, the person removing it for you does.

To be honest if they put a good case together I can't see too much objection.


Ps I'd tell your Dad to find another interest to fill his day, personally I can't abide busy bodies who interfere in the interests of others when they are not directly affected. We are in hard times rurally and people need to make a living as best they can.
 
A standard ag tie is normally worded something like this:
the residence of the property shall be restricted to person/persons solely or mainly employed or recently employed in agriculture and/or their dependants
which means that in most cases there doesn't have to be any agricultural activity going on on the property itself, for example a retired farmer can live there, or a widow etc.
It's a minefield.
 
I was under the impression that generally an ag tie is for someone who gets majority income from agriculture.
It depends on the council as the owners may be able to prove that the farm shop wasn't a feasible option in any way (pretty easy to do if you purposefully run it into the ground) and that training racehorses is a much more feasible option, provides more rural jobs etc.
However equestrian use is completely different from agricultural use so opens up a complete new ball game.

Although I dislike busy bodies...genuine agri/rural people do good for the area and will usually abide by the rules but it's the people out to make their property worth more (i.e. changing it to equestrian use) that ruin the area as prices become ridiculous.
 
LHS said:
Ps I'd tell your Dad to find another interest to fill his day, personally I can't abide busy bodies who interfere in the interests of others when they are not directly affected. We are in hard times rurally and people need to make a living as best they can.
Click to expand...

I couldn't agree more!

If they have submitted planning then surely they are going about things the right way anyway - I don't understand why some people want to prevent others from making a living :(
Kate x
 
I'm afraid I agree with 1987, it's more likely that the owners are trying to make their property more valueable and will probably sell once they have set it up as a yard. Personally, I am dead against the removal of ag ties.
 
Planning for equestrian use will involve more rates being charged but equestrian does not come under agriculture so in theory, the ag' tie should not be lifted at all particularly as these people aren't the originators of the ag tie if that makes sense.

Another one dead set about agricultural ties being lifted at any time for any reason, particularly to make a profit. They were given, often in very dodgy circumstances, for farmers that needed staff on the bank but usually, they would be used for this for only a short time until the farmer would retire to it and the son took over so needed the farmhouse; not in all circumstances I admit, but in a lot of them, particularly around here. Planning was given where the normal person would not have a cat in hells chance of getting permission even if they owned their own land (it's happened time and again around here) the farmer would also be able to get it built at preferential rates in that they could claim back all the VAT expenses too, thus in fact, being subsidised by the taxpayer.
If they want the ag tie restriction lifted then they should be made to pay back all of the 'subsidies' that were gained.
 
I agree I think to the sentiment of keeping AG's but in my area the farmers are the worst for getting planning on undeveloped land and as soon as its granted its wacked on the market. One example last year was a farmer who said he needed to build a seven bedroomed house to house polish workers on a plot of twenty acres and soon as it was granted ( which we all think was down to backhanders, especially as for everyone else they are keen on affordable housing ) he hived off the land all bar two acres and put the whole plot up for sale. So hey presto a two acre plot with planning for a seven bedroom house in a plot of rural farmland :mad:

I also think we will see less and less AG's remaining as AG work dries up and land is sold for development as we don't have enough housing particularly in the South East. I bought my land as a prospective opportunity and two years later 2 large parcels over the road and at the side have been bought by developers and those housing estates are creeping ever closer.The council have said these are highly likely to be developed at some point. So although no -one wants to see the decline in rural space I can see it coming.
 
[QUOTE
1) Does an equestrian bussiness meet the rules of an ag tie?

2) Does an equestrian bussiness have to have a licence to have a muck heap?
[/QUOTE]

1. We've just got permission for a dwelling on the strength of our stud and livery business, which is located in a National Park so very strict. The rules have changed and it now applies to 'any rural enterprise'

2. I would say no, providing their is no leakage into a water course.
 
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