Ag Tie removal

[willy]

Has anyone successfully managed to do it?
If so who did you use?

 

[Ffermer Bach]

look at not conforming with the tie for 8 years (I think) continuously, then apply for a certificate of lawful use. This does not remove the tie, however, it allows the owner to never have to comply. One can then apply for the tie to be removed, however, no need I believe. If there is a break in the non compliance, then the clock flicks back to zero again. I would pick a planning consultant from your area, so no point giving one from Wales. By non compliance, I mean having someone living there who is not working in Ag (have to look at what the planners stipulated when it was issued).

 

[steveR]

Did it here some years ago on a property. I used an Agent in Shrewsbutu who had come recommended.

Was a long winded business, as it had to be advertised for Let to a suitable person (ag occupation) to ascertain if there was demand locally for it. I also had to produce a detailed business report showing that it was no longer needed as an Ag property, due to farming business changes since 1990 when I built it.

One person objected, but was known to the Planners as a complete To$$er, so they actually were very helpful in resolving the problem at a face to face meeting.

Took around 12month in total I think.

 

[George from SJM Planning]

We have done it in the past for clients. Please feel free to drop me a message.

 

[Will Blackburn]

With the council tax revaluation due I'll be keeping mine.

 

[nick...]

Sure I seen a company in the yellow peril advertising no win no fee ag ties removed.
nick...

 

[Treecreeper]

In certain circumstances an ag tie can help with IHT due to lower property value.

 

[Ffermer Bach]

Sure I seen a company in the yellow peril advertising no win no fee ag ties removed.
nick...

But I think they charge about 30% of the increase in value.

The old way to get the tie dropped was to advertise it for a year with the tie, then when no buyers came forward apply to the council to have it removed, however, now with the internet the estate agents can't just print particulars and pop them in the back of the filing cabinet for a year.

I think the certificate of lawfulness is a far easier route to go down.

 

[Landrover]

When I buot my house the only way I got planning was for a ag worker dwelling, since then there has been planning granted for other houses in the village without that clause, a yone think that would be grounds to appeal it ?

 

[Lazy Sod]

Does the lawfulness status pass on the the new and subsequent owners or does it only apply to the applicant?

 

[George from SJM Planning]

Does the lawfulness status pass on the the new and subsequent owners or does it only apply to the applicant?

The restriction is imposed on the property so it must be complied by by any future occupant whether they be tenants or future owners.

 

[George from SJM Planning]

When I buot my house the only way I got planning was for a ag worker dwelling, since then there has been planning granted for other houses in the village without that clause, a yone think that would be grounds to appeal it ?

Potentially, but every tie is individually considered and then maybe other factors in play. This is why providing advice on ties generally can be difficult because every tie has its own background.

 

[Lazy Sod]

I understand that @George from SJM Planning, but if the certificate of lawfulness undoes the tie for the applicant, but once obtained, does it remain undone for subsequent users of the property?

 

[essexpete]

@George from SJM Planning If the ag business has gone but the tie still present on a stand alone house. The house is sold and occupied by a non ag family. What would happen and who, in reality, could enforce a sale/eviction?

 

[George from SJM Planning]

@George from SJM Planning If the ag business has gone but the tie still present on a stand alone house. The house is sold and occupied by a non ag family. What would happen and who, in reality, could enforce a sale/eviction?

It depends on the wording of the tie. If the tie is specific to that business or holding and they are no longer operational then it would be an application to remove the tie or vary it. But most ties just say for persons working in agriculture or forestry (or last employed in such industry) in which case the property isn't specifically tied to that holding or business.
The property can quite legitimately be sold to a non-agricultural entity but they can't live there lawfully - it is the occupation and not the ownership that is tied.
If anyone does live in a tide property contrary to the terms of the tie then they can be enforced against by planning enforcement and in extreme cases be forcefully removed - however before that happens generally you are encouraged to seek retrospective planning permission to remove the tie. It is only after a refused application that enforcement would generally seek enforcement action to give the occupants 21 days to comply with the condition. Should they fail to comply then the case can be referred to the magistrates court and ultimately they can be instruct bailiffs to enforce an eviction. However they can't enforce the sale because it is only the occupation and not the ownership that is in breach of the condition.

 

[essexpete]

Thanks George.

 

[Kidds]

I don't think I have ever heard of one being enforced and I can't believe they would evict anyone because wouldn't they then have to find them accommodation, or would that just be if they were on benefits.

 

[George from SJM Planning]

I don't think I have ever heard of one being enforced and I can't believe they would evict anyone because wouldn't they then have to find them accommodation, or would that just be if they were on benefits.

Neither have I but that is the risk.

 

[Kidds]

Local farmer applied for and got planning for an ag workers cottage, this was despite the fact he already owned one practically next door with an occupant that had no ties to ag whatsoever, and it was pointed out during the application.

 

[George from SJM Planning]

Local farmer applied for and got planning for an ag workers cottage, this was despite the fact he already owned one practically next door with an occupant that had no ties to ag whatsoever, and it was pointed out during the application.

The use of agricultural ties is mismanaged by most local authorities. Most hand them out like confetti without checking there is a legitimate need yet there are some, including one of a forum member, that cannot see legitimate need if it slaps them in the face.