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Maximising likely compensation by removal of an agricultural occupancy condition

Project summary

  • To advise a corporate estate client regarding HS2 and maximisation of any compensation claim.
  • HS2 expected to significantly reduce the value of the holding, which is assessed on date land entered for construction works.
  • Property consisted of a farmhouse, bungalow, farm buildings, commercial lets and agricultural land.

Solution

  • Detailed review of farm to identify opportunities to increase likely compensation.
  • Identified bungalow subject to agricultural occupation condition, being occupied by a sub-tenant not employed in agriculture.
  • Agricultural tie likely to reduce market value of the property.
  • Opportunity to regularise or remove agricultural condition, before HS2 enter land for construction.
  • Application for Certificate of Lawful Use submitted and approved by the local council.

Benefits

  • Current sub-letting no longer in breach of planning condition.
  • Risk of enforcement action by the council removed.
  • 20-50% increase in likely compensation claim against HS2.
  • Opportunity for full removal of agricultural occupancy condition (being pursued).
  • Potential increase in rental value of property.
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