Planning Appeal Success: Agricultural Occupancy Condition Removed with Full Costs Award

Another significant Salmon Planning + Architecture appeal success for clients in South West England securing both the removal of a long-standing agricultural occupancy condition and a full award of costs against the Local Planning Authority.

This case demonstrates the importance of robust evidence, clear reasoning, and a willingness to challenge decisions that fail to properly engage with material considerations. It also reinforces our consultants' track record here at Salmon Planning + Architecture in navigating the complexities of rural planning policy.

Background: A Changing Farm Enterprise and a Redundant Tie

The agriculturally tied dwelling was originally approved in 2000 and was one of four dwellings serving the holding. At that time, the farm supported a dairy herd. 

As the appeal Inspector noted:

“Milking operations ceased in 2016 and since then the farm enterprise has become a mixed beef and arable operation with some 300 head of beef cattle and a reduced labour requirement of around 2.45 workers.”

With the dwelling no longer needed to support the farm, the agricultural tie had become obsolete in functional terms.

The Appeal: Demonstrating That Marketing Was Not Necessary

The Local Plan requires three tests to be met before an agricultural occupancy condition can be removed. The Council accepted that the first two were satisfied in relation to the functional need but refused the initial planning application solely because the property had not been marketed for 12 months.

Our case demonstrated that marketing would serve no meaningful purpose because:

• The discounted value of the tied dwelling would still be far beyond the reach of a typical agricultural worker.

• Mortgage repayments alone would exceed the average agricultural wage.

• More affordable dwellings suitable for agricultural workers were available in the nearby town

• The site’s position, immediately adjacent the town, meant it was highly unlikely to be suitable for any other agricultural enterprise.

  
  

The Inspector agreed, stating:

“A compelling argument pertaining to the site-specific circumstances has been made… marketing is not essential in this particular case.”

The appeal was therefore allowed, and the occupancy condition removed.

Costs Award: Council’s Failure to Consider Material Considerations

In a separate, but equally important decision, the Inspector granted a full award of costs against the Council.

The reason was clear: the Council had failed to properly consider the ‘other material considerations’ we presented, particularly around valuation and affordability. As the Inspector observed:

“There is a noticeable absence in the officer report of the material considerations presented by the applicants … This constituted unreasonable behaviour.”

The Inspector concluded that the Council’s approach had prevented or delayed development that should clearly have been permitted, justifying a full award of costs.

Why This Decision Matters

This case is a strong reminder that:

• Policy tests must be applied with professional judgment, not as a tick-box exercise.

• Material considerations can outweigh strict policy wording, especially where evidence shows a condition no longer serves its intended purpose.

• Councils must engage meaningfully with the evidence presented to them.

For landowners, farmers, and rural property owners, this decision reinforces the argument that agricultural ties can be removed where circumstances have genuinely changed - and that a well-prepared case can succeed even where marketing has not been undertaken.

Our Expertise in Rural Planning

We are proud to have supported our clients through this process and to have secured not only the removal of the occupancy condition but also a full costs award - reflecting the strength and clarity of the case we presented.

This case serves as yet another reminder of the value that we can unlock for our clients as chartered and experienced planning consultants.

If you are considering the removal of an agricultural occupancy condition or need advice on any rural planning matters, our team is here to help you navigate the process with confidence.

With offices across the South West in Somerset and Devon, please do not hesitate to make contact to discuss the issues discussed above on 01749 671500 or by email info@salmonplanning.co.uk

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