Land Use & Diversification Flashcards
What is a CLEUD?
Certificate of lawfulness of existing use or development under Section 191 or 192 of the Town and Country Planning Act 1990 (as amended) is a certificate legally granted by a LPA to retrospectively legalise a previously unauthorised development. It prevents any enforcement action being taken.
What are the timescales for a CLEUD?
4 years for buildings on land without permission or for the change of use of a building/part of a building to a single dwelling house. 10 years for all other forms of development.
What evidence is required for a CLEUD?
Plan, stated interest in land, use/operation, reason for belief of lawful use, evidence (bills, tenancy agreements, photographs, sworn affidavits), statutory declaration signed in presence of solicitor
What is an AOC?
An AOC is an Agricultural Occupancy Condition, introduced in the Town and Country Planning Act 1948 and is a condition placed on a property whereby the occupation of the dwelling is limited solely to people employed in agriculture, or widower/dependants. The AOC remains with the property irrespective of any changes to the farm.
Why were AOCs put in place?
They enabled LPAs to set aside their resistance to new home developments in the countryside where there is genuine agricultural business need.
What are the benefits of removing an AOC?
An AOC reduces the property value by up to 30% and can make it difficult to sell or mortgage the property. Removing an AOC will increase occupation options and flexibility in use of the property.
How do you get an AOC lifted?
You would need to prove nobody has occupied the property who has been working in agriculture in the last 10 years or prove there is no local requirement for the property as an AOC.
What were the conditions that the CLEUD certificate was granted under?
The only condition on granting permission to remove the tie was that no buildings, structures or works as defined within Part 1 of Schedule 2, classes A, AA, B, C, D, E, F inclusive of that Order, shall be erected or undertaken on the site unless permission is granted by the Local Planning Authority pursuant to an application for the purpose.
How can an agricultural tie (AOC) be reactivated?
If the property is occupied by a qualifying person after the certificate is granted then the tie will be reactivated.
What is FiPL?
Through the Farming in Protected Landscapes programme (FiPL), farmers and land managers can get funding to deliver projects that support and improve National Landscapes (formerly Areas of Outstanding Natural Beauty), National Parks and the Broads.
What other grant funding options are there?
SFI, LNRS, BNG, CSS, private grant schemes
What are the changes to agricultural subsidy schemes under the Agriculture Act 2020?
Phasing out of BPS between 2021 and 2027, last year for BPS applications was May 2023. Introduction of ELMS including SFI, LNRS, FiPL. Continuation of CSS until it is completely replaced by ELMS.
What diversification opportunities are available to farmers?
Tourism such as glamping, educational visits to farms, vineyards, farm shops, woodland etc. commercial/light industrial storage space, crop diversification (e.g. coriander for gin).
What are the challenges or constraints for landowners?
Brexit, planning, financial, grants, designations, political changes, new government, new trade deals with other countries.
Outline what the Environment Act 2021 aims to do?
The environment Act focuses of 7 key aspects: environmental governance and targets, water and resource efficiency, air quality and environmental recall, water, nature and biodiversity, and conservation covenants. It has shifted the focus away from farming towards biodiversity and enahcing nature and habitats. New requirements such as biodiversity net gain, nutrient neutrality and water neutrality have become important since the implementation of this legislation.
