Friday 19 November 2010

Agricultural Occupancy Conditions in Mid Wales

As we travel the length and breadth of Mid Wales from the Shropshire border to the Ceredigion coast, we cannot fail to note the large number of houses in the countryside. These are almost always bungalows and are almost always isolated from other buildings or settlements. What they are of course are so-called farm dwellings. But are they? Most probably not. They are the result of applicants pulling the wool over planning officers' eyes - those planning officers are invariably people from towns and cities who haven't a clue about farming and are not well placed to scrutinise planning applications for so called agricultural dwellings.

There are so many houses built in Ceredigion and Powys under the heading of farm workers dwellings. They are almost always a ruse to build in the open countryside. Planners are always quick to attach a planning condition to the planning permission restricting occupancy to a farm worker working in agriculture in the locality, believing that this will make it all ok. Agricultural occupancy conditions can reduce the value of these houses by between a third and a half thus helping to meet the needs of low paid agricultural workers needing a house close to the farming operation.

How many agricultural dwellings have been approved and built is not known. But are they truly being lived in by bone fide farm workers? Not if my estate agent acquaintance is to be believed. He says that 75% of agricultural dwellings approved for farmers are not being occupied by people working in agriculture as the planning permission requires. He also says that he has numerous cases waiting to be submitted to Powys and Ceredigion Councils who would inevitably have to remove the agricultural occupancy condition on any dwelling coming forward for consideration. The only proof required is for evidence to be submitted that the particular property hasn't been occupied by a farmworker for four years.

I fear the floodgates have opened after a successful appeal case in Kerry, Powys recently. The appeal following refusal of a Lawful Development Certificate was allowed when it was revealed that the so called farmworkers dwelling had not served the original purpose and that at least four families had lived in the property since it was built who were unconnected with agriculture. Powys Council was unable to defend the appeal and offered no contradictory evidence.

I think I should re-train as a planning consultant and advertise to assist in the removal of these agricultural ties as there is little doubt that any farmer who can prove that his tied house has been occupied by people unconnected with agriculture for a period in excess of four years can immediately increase the value of these rural properies four-fold.

As for the local planning authorities - shame on you for allowing abuses of the planning system in the first place and then for not checking ongoing compliance with the agricultural tie.

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