Acorus has been successful in removing an Agricultural Occupancy Condition for a client in Cheshire, which followed the submission of a Certificate of Lawfulness regarding the dwelling having been occupied in breach of the occupancy condition for the past 10 years.
The dwelling was granted outline planning consent in November 2002, which at the time was needed in relation to a family farming business. Reserved matters consent for the dwelling was approved in 2004 and building work commenced that year, ultimately the dwelling was completed and first occupied in March 2007 by the owner/farmer.
In March 2014 the owner vacated the house, which was then rented to a family who were not employed in agriculture. The tenants remained in the property until August 2018.
The property was then rented and occupied by another family, again not involved in agriculture, who then later bought the property as their family home.
Given the circumstances, a Certificate of Lawfulness was secured in terms of the property being occupied in breach of the Agricultural Occupancy Condition. The Certificate of Lawfulness was critical to then getting the Agricultural Occupancy Condition removed, without the need for the usual marketing of the property.
In such instances, consideration of the wording of the Agricultural Occupancy Condition is important and thereafter reviewing the facts to establish if there is the opportunity to apply for a Certificates of Lawfulness, i.e. a 10-year breach of the condition.
The client was very pleased with the outcome and so is now able to live in the dwelling without the worry or threat of enforcement action. The client expressed their delight in getting the occupancy condition removed …. ‘Thanks so much Anthony, that’s fantastic news! You have been immensely helpful’.
