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Removal of outdated 1961 Agricultural Occupancy Condition


Removal of outdated 1961 Agricultural Occupancy Condition

KEY FACTS

  • AOC on low value property deemed no longer required
  • Two step sequence leads to removal of AOC on property
  • Removal of condition adds significant value to property

SECTORS & SERVICES USED:

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

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Bloomfields have again successfully removed an Agricultural Occupancy Condition (AOC) through the ‘two step process’; the first step being a Certificate of Lawfulness; the second step being an application to remove the condition.  In this case, Bloomfields firstly obtained a Certificate of Lawfulness in respect of an early 1960’s Agricultural Occupancy Condition (AOC) dwelling on a converted stable block by demonstrating a consistent breach in its occupancy condition for ten years.  Next, an application was made to the LPA to fully remove its AOC.  One of the key factors in this case was Bloomfields’ negotiation with the LPA to robustly defend our strategy that a marketing exercise to demonstrate ‘need’ for the AOC dwelling was not necessary, and relied on a market questionnaire survey to provide this data.  The questionnaire results comprehensively demonstrated there was no local need for the dwelling, and when coupled with a Lambert & Foster valuation which showed ‘unaffordability’, the LPA removed the condition swiftly and within the allocated time frame of 8 weeks.

Whilst the property has now significantly increased in value because of the removed AOC, this was of less significance to our client, as without the AOC we now have a much stronger case for a significantly larger replacement dwelling or extension than would have otherwise been the case with the AOC in place. This has therefore allowed parents to move, in time, into a bespoke property, built to serve their specific needs, and the son to return back from abroad and move into his parents’ house.  Further to this result, our clients have now pleasingly instructed us to submit an enlarged replacement dwelling application to the LPA to start this generational family housing reshuffle

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