Who Legally Qualifies to Live in a Tied Dwelling?
The standard model condition wording established in government Circular 11/95 sets out four categories of qualifying residents:
1. Active Workers: Persons solely or mainly employed in agriculture or forestry in the locality.
2. Retired Workers: Persons last working in agriculture in the locality prior to retirement.
3. Surviving Spouses / Civil Partners: Widows, widowers, or surviving civil partners of qualifying workers.
4. Resident Dependants: Children or family members residing with the qualifying worker.
Crucially, in Belmont Farm Ltd v Minister of Housing and Local Government [1962], the High Court confirmed that keeping and training horses for sport or recreation does NOT constitute agriculture under Section 336 of the Town and Country Planning Act 1990.
Proving Lack of Agricultural Demand to Lift the AOC
To persuade the council to delete the condition under Section 73, you must commission an Agricultural Needs Assessment.
The report reviews farm sizes, automated machinery adoption, and local demographic data to prove that surrounding farm businesses have no requirement for on-site residential staff.