Agricultural restriction expunged

A derelict property was originally converted into a dwelling in the 1980's with an agricultural occupancy condition which was also backed up by a Section 52 legal agreement that also restricted occupancy in this way. The client wanted to remove the restriction as this affected value and the ability to sell the property. Indeed neither he or the original owner had ever worked in agriculture. Following a Legal Opinion from a Planning Barrister, instructed through Owen Devenport it was decided to request that the legal agreement be discharged, particularly in the light of later evidence that brought to attention a recent permission allowing the conversion without any of the original occupancy restrictions. It was clear that the legal agreement served no planning purpose and the Local Planning Authority had little option but to discharge the restriction. The dwelling is now totally unencumbered and retains a proper open market value.