The removal of an Agricultural Occupancy Clause (AOC) on a rural dwelling can be granted by a local planning authority (LPA) in a limited range of circumstances.  From the applicant’s viewpoint, it can mean the redundancy of an asset (a tied dwelling) can be reversed, and of course a large rise in the value of a property can be gained, typically 25 – 40%.

Once the AOC is lifted, the value can be realised more easily.  But how does one go about it?  The LPA will almost certainly not want to remove the AOC.  So be prepared for a battle.

The wording of the condition(s) on the original permission is crucial.  This needs careful examination. Was the property built exactly as per the permission and the drawings?  What has been the exact use of the property in recent years?  Has it been divided or fundamentally altered in any way?  Very importantly, what is the LPA’s policy on AOC removal?  If they have not got a policy, then the need for a marketing campaign, which is often insisted upon, can be negated.

If the use of the property for more than ten years has not been in accordance with the planning permission, then one can apply for a Certificate of Lawfulness (for its current use).  This does not actually remove the AOC in perpetuity, but it does allow you and any future owner/occupier to use it for residential use outside agriculture or whatever rural business use it was originally granted for, which may be what you need.

If you have properties that could benefit from the removal of AOCs that have outlived their usefulness, contact Charles at charlesholt@fcgagric.com for more information.