‘Til the Cows Come Home

Farm owners, who employed a Farm Manager (rather than Farm themeselves) can remain in their purpose built Farmhouse, following the issue of a Certificate of Lawfulness.

Planning permission was granted by Scottish Ministers in 2004 for the construction of a Farmhouse and two dwellings for agricultural workers, on a 555ha Holding.  The Holding had been created by subdividing another Estate.  The Holding was used for crop production and beef cattle but the owner lived elsewhere.  Planning permission was granted with an occupancy restriction (person solely/mainly/last employed on the Holding.

Pearson Planning, Chartered Surveyors obtained a Certificate from the local planning authority after demonstrating that the occupancy condition had not been complied with for a period of more than 10 years.  This, in law, made it impossible for the Condition to be enforced.  The occupants of the Farmhouse owned the Farm business but were not employed by the Business.  This case highlights the importance of imposing clearly written conditions that satisfy all the legal tests.

The Businessman and Family can remain living in the farmhouse well after the cows come home.

Pearson Planning, Chartered Surveyors has now doubled the value of the property, as it no longer has any agricultural occupancy condition, and can be sold on the open market.