Q&As

How can an agricultural tie be lifted? And if it is done so by an application for a certificate of lawfulness, what are the requirements?

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Published by a LexisNexis Planning expert
Published on: 20 December 2016
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An agricultural restriction (otherwise known as an agricultural tie) is a condition imposed by a local planning Authority (LPA), when granting planning consent for the building of a dwelling, usually in an area where otherwise development would not be allowed.

Owners of property subject to a restriction can try to remove the condition either through:

  1. •

    making a planning application for variation of the earlier consent under section 73 of the Town and Country Planning Act 1990 (TCPA 1990), or

  2. •

    making an application for a certificate of lawfulness

Section 73 application

TCPA

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Jurisdiction(s):
United Kingdom
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Requirements definition
What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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