What is an Agricultural Occupancy Condition?
Although there is a presumption against new residential development in the countryside the planners recognise that some workers need to be housed in the countryside in order to carry out their job e.g. a cowman needing to live near the milking parlour. Historically such properties were designated with an Agricultural Occupancy Condition (“Ag. Tag”) meaning literally that the occupant of that house had to be employed in agriculture. Some fisheries in the past described their activity as fish farming and come with “Ag Tag” properties. Now, however, under Planning Policy Statement 7 Sustainable Development in Rural Areas the agricultural dwellings provision has been extended to include ‘other occupational dwellings'. Other occupational dwellings can now include dwellings on livery yards and managers' dwellings on caravan parks and fisheries. For new dwellings to be given permission under these rules two criteria must be satisfied, the functional test and the financial test.
Can I put a caravan on my land?
A common misconception is that living in a caravan or log cabin does not require planning permission. Any building used as a dwelling requires planning permission. Even a structure which is not a building but is used for residential purposes requires permission (the planning system controls not only the erection of building, but also any change of use of land and buildings). i.e. if you live in a caravan you have changed the use of that land away from a rural use to a residential use.
Can I build a houses near my fishing lake?
Most lakes are located in the countryside where there is a strong presumption against any residential development away from established settlement boundaries (as defined in the relevant Local Plan, copies of which are usually in the local library or on the local council's website). However, planning law allows for certain exceptions to this.
What preparations do I need to make before selling a fishery?
If you are serious about selling it is essential to be well prepared before putting your fishery on the market. Full information needs to be available including planning issues and preferably three years audited accounts.
How do I go about selling a fishery?
Contact us, we will then arrange to visit your property and give our honest opinion about the property and the price at which it should be placed on the market. We aim to be professional in the advice we give and will not give you a hyper-inflated value of what we think it is worth just to get your instruction. In some cases after visiting a site we make recommendations that certain improvements are carried out and the property put on the market in a few months or years’ time.
What about lakes constructed without planning permission?
There have been lakes that have been dug without first obtaining planning permission. Often these lakes evolved over the years gradually and at a time when commercial fisheries were not as popular as they are now. If this is the case a Certificate of Lawful Existing Use or Development (CLEUD) can be applied for, if the fishery has existed in its current form for long enough. CLEUD cases are decided on the balance of probability and therefore factual information submitted with the application is required. If you have a fishery that was built without planning permission and would now like to develop the fishery further, borrow money against the fishery or sell the fishery you should consider the need to obtain a CLUED.