Variation of the agreement
Foot Anstey acted for a client who had acquired an agricultural dwelling. The dwelling was subject to the usual planning condition that it could only be occupied by someone who was wholly or mainly employed in agriculture. In addition the house was tied to the whole of the land comprised within his ownership by means of an agreement under Section 52 of the Town and Country Planning Act 1971.
Our client was in the process of separating from his wife and she required approximately half of the land within the holding.
The options open to our client were to seek a discharge of the covenants in the agreement by application to the then Lands Tribunal, or to seek a variation of the agreement with the Council. Following careful examination of the policy framework and supporting evidence, we were able to persuade the Council to agree a variation which had the dual purpose of facilitating the divorce settlement as well as continuing to provide a viable unit from which he could operate.