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Certificate of Lawfulness showing 10 year AOC Breach


Certificate of Lawfulness showing 10 year AOC Breach

KEY FACTS

  • Removal of a 1992 Agricultural Occupancy Condition
  • Removal of condition adds significant value to property
  • AOC dwelling attached to a former livestock farm
  • Two step sequence leads to removal of AOC on property

SECTORS & SERVICES USED:

  • Certificate of Lawfulness
  • Conditions
  • Planning Applications
  • Agriculture and Forestry

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Bloomfields have recently again successfully removed an Agricultural Occupancy Condition (AOC) through the ‘two step process’ being the establishment of a Certificate of Lawfulness (CLUED) and then followed with an application to fully remove the condition.  Bloomfields first successfully achieved a CLEUD through a robust, evidence-based submission, which demonstrated a 10 year breach of the 1990s AOC.  Then, the application to remove the condition was submitted, which was complemented by a formal Red Book Valuation compiled by Lambert & Foster which valued the property, with consideration of the CLEUD’s impact on value.  This valuation was essential in assisting to demonstrate the property was unaffordable to a compliant farm worker occupier.

The particular LPA also required a market survey to robustly show a ‘lack of need’ for such an AOC dwelling in the locality.  Bloomfields duly undertook and issued this survey, the results of which provided comprehensive qualitative evidence that there was indeed no local need for the dwelling.  When coupled with a Lambert & Foster valuation, the LPA removed the condition swiftly and with minimal further queries.

Our client’s property has now significantly increased in value as a result of the removal of the condition which also now enables him to sell the dwelling as an unencumbered property at a capital value approximately 30% more than with the AOC still in place.

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