28 Jun Successful removal of a Section 106 agreement

This application was made on behalf of our client to discharge the Section 106 Agreement attached to their property.

The covenants in the Agreement require the occupier of the property to be mainly or solely employed in agriculture, with a non-severance covenant attaching the land to the house.

The application was supported by a Statutory Declaration confirming the client has never been employed in agriculture, but her career and continuing employment since 1998 has been as a magazine and book editor.

The application is further supported by a Red Book valuation of the house and land, and of the house by itself. The value of the property is far in excess of the means of an agricultural worker and it is our contention the Agreement is serving no use and if anything inhibits productive use of the land and buildings.

The council agreed and the Section 106 was removed.