Certificate of Lawfulness on 1993 Agricultural Occupancy Condition
KEY FACTS
- AOC breach demonstrated for an agricultural contractor
SECTORS & SERVICES USED:
- Certificate of Lawfulness
- Conditions
- Planning Applications
- Agricultural & Forestry
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Bloomfields have again successfully obtained a Certificate of Lawfulness (CLUED) which has proved a breach of an AOC for a period in excess of the last ten years.
What makes this case particularly interesting is that Bloomfields manage to demonstrate that an agricultural contractor was indeed in breach of his AOC. The LPA asked many questions and wanted an in-depth explanation as to why and how a farm contractor could not actually be complying with the occupancy condition.
Amongst many other factors, it was demonstrated to the LPA that the level of agricultural activity on the home farm was de-minimis to that being undertaken off site and that the contracting activity off site, whilst being undertaken for farmers, could not conform to the formal definition of ‘agriculture’ as detailed in the Town and Country Planning Act.
As a result, the LPA could not find any alternative reasonings not to approve the CLEUD. This came as a welcome surprise to our client who assumed the application would be refused, but instead consent was granted and the value of his house increased significantly as a result.
