Certificate of Lawfulness Granted for Removal of Agricultural Tie in Surrey
We are delighted to announce that we have successfully secured a Certificate of Lawfulness for our client relating to the long-term breach of an agricultural occupancy condition at a property near Reigate in Surrey.
The Agricultural Occupancy Condition
The property—an extended detached bungalow set within a generous plot on Green Belt land—was originally granted planning permission in 1988 subject to a strict agricultural occupancy restriction.
This condition limited the occupation of the dwelling to individuals employed in agriculture or forestry, or their dependents.
Over the years, however, the property ceased to be occupied by anyone meeting that criteria.
Our client approached us for assistance in formalising the current lawful use of the dwelling, and we were instructed to prepare and submit an application under Section 191 of the Town and Country Planning Act 1990.
Crucially, we were able to demonstrate—through a detailed statement of truth, historic records, and supporting letters—that the dwelling had been continuously occupied in breach of the agricultural occupancy condition for more than 10 years.
This met the statutory requirement for immunity from enforcement action, which in turn justifies the issue of a lawful development certificate.
The local authority accepted that the evidence submitted was clear, precise, and unambiguous.
As they had no contrary evidence to suggest the condition had been complied with during that time, the application was approved under delegated powers.
This result is a great example of how a Certificate of Lawfulness can be used to regularise longstanding breaches of planning conditions—particularly when those conditions no longer reflect the practical use of a site or its occupants’ circumstances.
It also frees the property from the artificial constraint of an agricultural tie, potentially increasing its open market value and saleability.
Do You Own a Property with an Agricultural Occupancy Condition?
If your property is subject to a restrictive agricultural tie , contact us for Contact us to discuss your situation and explore how we can help you unlock your property's full planning potential.
