Martin Goodall’s Planning Law Blog
The wording of the model agricultural occupancy condition (No. 45 in Appendix A to Circular 11/95, which remains extant following a cancellation of the remainder of that circular) has been widely utilized by many LPAs. “The profession of the dwelling shall be limited to a person exclusively or mainly working, or last working, in the vicinity in agriculture or in forestry, or a widower or widow of such a person, and to any citizen dependants”. The question undoubtedly arises concerning whether there would be a breach of such a condition where a relation coping with the agricultural employee is not economically dependent on that person.
AC 636, and the general impression derived from that view were that financial dependence was the qualifying criterion. EWHC 2480 (Admin), where common sense was given on 22 July. The Inspector took what many would consider to have been a very sound commonsense approach to this problem. In his view, the appellant’s contention in reliance on Fawcett was a restrictive interpretation of the wording of the condition unnecessarily.
In the framework of people residing in a family, the words subsistence and support can have a non-monetary building, he recommended. For the purposes of the High Court application, the judge assumed that Mrs. Short was an agricultural worker but made no profit from the plantation in virtually any year, and made no financial contribution to the family therefore. This was clear from the evidence of her accounts. After considering various statutory meanings of ‘dependant’ in other legislation, His Lordship noticed that, as far as this is of “dependant” can be involved, the framework is everything.
The wording of the problem in today’s case differed somewhat from the model condition, and this seems to have had a material influence on the judge’s decision. The condition did not simply refer to agricultural workers and their dependants, but agricultural workers and “the defendants (which will be taken to add a widow or widower) of such persons”. So “dependants” here were considered to add a widow or widower of an agricultural worker, whether or not, before that worker’s loss of life, the spouse was influenced by her or him economically.
It would stress the structure of the problem too far for this to imply “the defendants (which shall be taken to add a widow or widower who was, prior to the agricultural worker’s loss of life, a financial dependant of that worker)”. Compared to that extent it might be argued that the judgment would depend on its facts, in other words, on the complete wording of the condition. The judge himself pointed out that he was restricting himself to construing the particular condition in cases like this. It was unnecessary for him to get to construe “dependants” in the statutory framework, and he dropped to take action.
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