Any breach of a planning condition; or breach of planning control involving a use of land or the development of land without the benefit of planning permission - can be enforced against by the Local Authority. However, enforcement action is subject to time limits – once ‘timed out’, a Certificate of Lawful Existing Use or Development can be sought.

A breach of condition, including the breach of an agricultural occupancy condition, is subject to the 10 year time-limit, as are most changes of use of land. If the Local Authority has not taken enforcement action within this time frame, they are generally no longer able to do so as they have missed their opportunity.

If the occupiers of a tied dwelling have not been employed, or were not last employed, as required by the agricultural occupancy condition for a continuous period of 10 years or more, it may be possible to secure a Certificate of Lawfulness which acknowledges that the breach of condition has become immune from Enforcement Action and that it is ‘lawful’ for planning purposes.

This type of Certificate provides a highly effective solution, allowing the breach of the occupancy condition to continue unhindered. But, a Certificate of Lawfulness does not remove the agricultural occupancy condition.

It is important to be aware that a breach of condition, even with a Certificate in place, requires a continuing commitment to it i.e. the condition must continue to be breached. This is because, in certain circumstances, the agricultural occupancy condition could theoretically come back into force. This could occur if the dwelling became occupied by someone who complied with the agricultural occupancy condition. In these rare circumstances immunity from enforcement action can be lost, however, by being aware of this allows action to be taken to protect against this scenario and so negate the risk.

Certificates of this nature remain highly valuable in planning and property terms however there will be some situations where the removal of the condition, even with a Certificate in place, is both desirable and possible. An acknowledged lawful breach of the condition is a material planning consideration that can be used in an application for removal of the condition so removing any risk, no matter how small of the condition coming back into force.

Not Built in Accordance with the Plans

On occasion a dwelling subject to an agricultural tie is built in a position, or to a design that does not accord with the approved plans. This could happen for a number of reasons such as poor ground conditions, changes in personal circumstances or changes in farming practices. In these circumstances another application for planning permission should have been made but in practice this does not always happen. If the deviation from the approved plans is of a materially significant degree then the approved planning permission will not have been implemented and the dwelling that was built will have been built without the benefit of planning permission.

If the breach of planning control has not been deliberately concealed and the Local Planning Authority has not taken Enforcement action within the relevant time period the dwelling (unencumbered by an agricultural tied) will become lawful for planning purposes and immune to Enforcement action. A Certificate of lawful existing use can be applied for to recognise that due to the passage of time the dwelling as built is lawful and is not subject to any planning conditions.

Where a dwelling not built in accordance with the approved plans was substantially completed in both England and Wales before the 25th April 2024 the relevant time period is 4 years, where the dwelling is substantially completed in England after the 25th April 2024 then the relevant time period is 10 years, although it remains as 4 years in Wales.

If you have a dwelling subject to an agricultural occupancy condition and believe it has been continuously breached for more than 10 years, or if you believe the dwelling has not been built in accordance with the approved plans then please contact us to discuss what options might be available to you.