Acorus has been successful in removing Agricultural Occupancy Conditions for two clients in Pembrokeshire, both followed the submission of Certificates of Lawfulness regarding the dwellings having been occupied in breach of the occupancy conditions for the past 10 years.
In one instance the occupier had taken alternative employment, whilst retaining the farmland and letting it out to a local farmer.
In the other instance, the occupier had initially established a nursery growing plants and produce to sell at the farmgate, and locally to shops and restaurants (in the 1990’s). However, a caravan park was then established on the land with planning permission and the nursery activity diminished. Essentially, the occupier ceased to be employed in agriculture, with their time and income being derived from the caravan park.
In both situations, the Certificate of Lawfulness being obtained was key to getting the Agricultural Occupancy Condition removed, without the need for marketing the properties.
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.
Both clients are very pleased with the outcome and are now able to live in the dwellings without the worry or threat of enforcement action, and the knowledge that with the Agricultural Occupancy Condition removed they can sell the properties at their fullvalue.
