One of those thorny issues which is a feature of the rural landscape in this country is the agricultural occupancy condition which one finds as a condition for planning consent so frequently. However, it is not often that applications to remove such a condition find their way to the High Court but there was an exception early this year.
Mr and Mrs Emery had applied to Epping Forest District Council for the removal of their agricultural occupancy condition. Interestingly, the farm of which the dwelling was originally part had long-since gone and been converted for residential development! Mr and Mrs Emery had endeavoured to sell the property at its discounted value without any success whatsoever. One might think that it was an obvious and straightforward case for the Council to decide that the condition was no longer appropriate. However, not so!
The Council refused to lift the condition and Mr and Mrs Emery appealed to the Inspector. In his decision the Inspector argued the case logically and almost inevitably granted the appeal, ordering the removal of the agricultural occupancy condition. However, the District Council were determined not to be thwarted and appealed the matter to the High Court on the grounds firstly, that the Inspector's decision was perverse and secondly that the Inspector had failed to decide whether the asking price for the property had been reduced sufficiently to reflect the condition.
The Court accepted that a discount of somewhere between 22% and 30% was within reason but dismissed the Council's proposition that a discount of 50% was more appropriate as no evidence was produced to support such a figure. Fortunately common sense prevailed and the High Court found in favour of the Inspector and therefore, by implication, Mr and Mrs Emery.
Whether the case will be of assistance to other applicants in the same situation is hard to say as it turned on the particular facts and the decision-making process taken by the Inspector. It will nevertheless be an important reference point for future applicants.