What is the legal definition of “dependents”?
The Court of Appeal has clarified the meaning of “dependents” in the standard “AgTag” occupancy condition and it does include family members who are not financially dependent.
The Court of Appeal case of (1) Denys Christopher Shortt (2) Deborah Shortt V (1) Secretary Of State For Communities & Local Government (2) Tewkesbury Borough Council will be of interest to anyone advising on agricultural occupancy conditions.
In this case the Shortt family, Mr and Mrs Shortt plus two children (both over the age of majority when the case came to court), lived in a dwelling which had an agricultural occupancy condition attached. Mrs Shortt was a farmer, but her business made a loss and the family relied on Mr Shortt’s income from his non farming business.
The Shortts claimed that a 10 year occupation on that basis should entitle them to a lawful development certificate confirming no restriction, because Mr Shortt and the children were not dependents of Mrs Shortt. The LPA disagreed, as did an Inspector on appeal.
The Court of Appeal decided that the decisions made before it had all been correct. Dependency has a wider meaning that financial dependency and can include emotional support and care as well.
The Court of Appeal case of (1) Denys Christopher Shortt (2) Deborah Shortt V (1) Secretary Of State For Communities & Local Government (2) Tewkesbury Borough Council will be of interest to anyone advising on agricultural occupancy conditions.
In this case the Shortt family, Mr and Mrs Shortt plus two children (both over the age of majority when the case came to court), lived in a dwelling which had an agricultural occupancy condition attached. Mrs Shortt was a farmer, but her business made a loss and the family relied on Mr Shortt’s income from his non farming business.
The Shortts claimed that a 10 year occupation on that basis should entitle them to a lawful development certificate confirming no restriction, because Mr Shortt and the children were not dependents of Mrs Shortt. The LPA disagreed, as did an Inspector on appeal.
The Court of Appeal decided that the decisions made before it had all been correct. Dependency has a wider meaning that financial dependency and can include emotional support and care as well.