Agricultural Occupancy Conditions
This condition justifies planning permission that is granted for new houses in the countryside which is, in principle, restricted by planning policies to protect the countryside.
In some cases, a change of use or other development can become lawful through passage of time even if it does not have formal planning consent. Similarly, there are some instances where express planning permission may not be required for a development. The Local Planning Authority’s confirmation of the lawfulness of a use or development whether existing or proposed can be obtained via a Lawful Development Certificate. We can provide advice on the requirements for making such a claim and assistance in securing a certificate.
Where a planning application has not previously been made and where there has been a sufficient passage of time, a Local Planning Authority can issue a Certificate of Lawfulness to establish that the existing use of the building or land is lawful at the time the application is made.
Our planning team were asked to review a farm which had a number of agricultural buildings including an Agricultural Occupancy Condition (AOC) property. There was a section 52 agreement stating that none of the land or farm buildings could be leased, gifted or sold separately from the farm.