Agricultural
Occupancy Removal/Appeal with Costs
When a farmer in Hampshire contacted Acorus she was concerned
that a career change meant living in the family home which
had an agricultural occupancy condition was no longer possible.
Acorus Property Sales department marketed the dwelling
to try and find an agricultural buyer in the locality as
required by the condition attached to the planning permission.
No buyer was found.
An application was then made to the Local Planning Authority
to remove the condition. This was refused despite a good
case being made that there was no need on the holding or
in the locality for the dwelling.
An appeal was submitted and handled by Acorus at an Informal
Hearing. The Local Authority argued that the marketing price
needed to be at a 50% discount. Acorus proved this was excessive,
won the appeal and obtained costs for the clients on proving
the Local Authority acted unreasonably in refusing the original
application.
Acorus’ Property Sales department re-marketed and sold
the property without the tie.