Tetlow King Planning (TKP) assisted a private client in removing an agricultural tie condition attached to their home.
TKP advised the client what evidence was required to submit to the Council to demonstrate that they had been employed in areas other than agriculture prior to and since occupying the property.
TKP then submitted an application for a Lawful Development Certificate for the occupation of the house without compliance with the agricultural tie.
The Council agreed with our submissions stating that:
“The local planning authority is satisfied on the balance of probability ‘Waterside’ is not currently occupied by persons solely or mainly employed in agriculture and has continuously not been occupied by persons solely or mainly in agriculture for a period at least 10 years prior to the date of the application. The occupation of ‘Waterside’ by persons not solely employed in agriculture, in breach of Condition 6 of the planning permission is therefore immune from enforcement action and is therefore lawful”.
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