Agricultural occupancy condition ‘local’ definition

IEM

Member
Location
Essex
‘Employed locally on agriculture’
Anyone got a definitive definition of locally in the context of AOCs?
Are we talking 50 yards, 3 miles or same county? Or is there no set definition?
Considering buying a place and want to know if I am compliant with the rules or not.
 

Goweresque

Member
Location
North Wilts
Probably one of those words that are the reason solicitors have nice houses and cars - it creates a lot of work for them to get an answer! I suspect the definition could be argued to change over time - what would be considered local today might not have been 40 years ago. Personally I'd be prepared to argue that living within 10 miles of your workplace would be considered local in today's terms, 20 miles would probably not be, and the difference open to personal (and legal) interpretation.
 
  • Like
Reactions: JP1

JP1

Moderator
Livestock Farmer
Probably one of those words that are the reason solicitors have nice houses and cars - it creates a lot of work for them to get an answer! I suspect the definition could be argued to change over time - what would be considered local today might not have been 40 years ago. Personally I'd be prepared to argue that living within 10 miles of your workplace would be considered local in today's terms, 20 miles would probably not be, and the difference open to personal (and legal) interpretation.
Often wondered about this. A holding / flock / herd number for livestock applies within a 10 mile radius, so if it's OK for the stock surely it's Ok for the stock worker?
 
  • Like
Reactions: IEM

B R C

Member
Arable Farmer
I’m wondering if the tie actually says locally or is it the agent putting it in to dissuade any interest, as said, in order to get tie lifted. Is the agent local or one that specialises in getting ties lifted? @Nearly has the right idea you will probably have to engage with the council.
 

IEM

Member
Location
Essex
Probably one of those words that are the reason solicitors have nice houses and cars - it creates a lot of work for them to get an answer! I suspect the definition could be argued to change over time - what would be considered local today might not have been 40 years ago. Personally I'd be prepared to argue that living within 10 miles of your workplace would be considered local in today's terms, 20 miles would probably not be, and the difference open to personal (and legal) interpretation.
Yes by searching I haven’t found anything clear to define local so I guess it is something the occupier has to prove/justify if challenged
 

IEM

Member
Location
Essex
I’m wondering if the tie actually says locally or is it the agent putting it in to dissuade any interest, as said, in order to get tie lifted. Is the agent local or one that specialises in getting ties lifted? @Nearly has the right idea you will probably have to engage with the council.
I have seen the original paperwork relating to planning permission and it says local in the conditions
 

anzani

Member
Suggest that you consider whether you can fulfill the requirements of section 336 of the Town & Country Planning Act 1990 firstly, and then whether you could reasonably 'move ' the base of your compliant business to be 'local' with regard to the LPA definition. Easy with a limited company (just change the Registered Office), maybe less clear cut for Sole trader.
 

O'Reilly

Member
I very much doubt that you would be ever be challenged over this. Most council planning departments are overworked enough without chasing something like this up. Round here they are reluctant to go after glaring transgressions, let alone the petty stuff
 

New Puritan

Member
Arable Farmer
Location
East Sussex
Thanks for posting this @IEM . I'm in a similar position, in that I would like to buy somewhere but (probably) keep the farm I'm currently the tenant of.

@Nearly - is this a known trick then? There is a small farm (10 acres) for sale not far away on an AOC, for which they are asking a not-very-reasonable £725k ('offers over' FFS). The house apparently also needs knocking down and rebuilding. See https://www.uklandandfarms.co.uk/rural-property-for-sale/south-east/east-sussex/near_brightling-29098566/.

I'm fairly certain it currently belongs to Plumpton Agricultural College. Would it help if I wrote to them saying I work in the agricultural supply chain, that I also am a tenant farmer with a small farm nearby, and would that satisfy their requirements? Obviously copying in the local planning authority, County Council, local councillors etc? :)
 

Forum statistics

Threads
175,886
Messages
4,012,287
Members
44,047
Latest member
smartroboticsvietnam

Project Lamport 2020

  • 329
  • 0

Project Lamport, now in its seventh year, is the UK’s leading R&D trials event. The original concept aimed to develop a cultural approach to blackgrass control, but has since evolved over the years. The site now explores improving soil health, as well as a comprehensive research project that investigates the impact of cultivations, compaction and cover crops on soil structure, organic matter and microbiology.

Expect weekly updates on Project Lamport, allowing you to participate in the entire journey rather than just the final product. These updates conclude with the official Project Lamport site demonstration and a live Q&A with our experts on the 15th of July.

Read more about the different systems at...
Top