Guildford BC v First Secretary of State Queen’s Bench Division (Administrative Court), 24 May 2004
Subject: Planning; Local government
Keywords: Agricultural land; Change of use; Enforcement notices; Planning policy
Where Reported: [2004] EWHC 1291 (Admin); Official Transcript
Documents: Case Analysis Official Transcript
Terms in Context:
…1291 (Admin)UKEW England and Wales Official 24 May 2004 Richards, J. Richards J (c)Sweet & Maxwell Limited Planning Local government Agricultural land Change of use Enforcement notices Planning policy It had been open to a planning inspector to conclude that the use of land for livery purposes in addition to its agricultural use had not amounted to a change of use and that the livery use complemented the agricultural use of the farm holding as a single business. the claimant Mathew Reed the first defendant James Strachan the claimant Council …
…Act 1990 (c.8) s.288Town and Country Planning Act 1990 (c.8) s.336(1) Evolving definitions of “agriculture” for an evolving agriculture? Conv. 2005, Sep/Oct, 419-446 Common agricultural policy EC law France Landlord and tenant Legal systems Planning Planning – agricultural use and diversification. Farm Law 2004, 98, 11-13 Agricultural land Horses Mobile homes Planning inspectors Planning permission 2004413007 724…
2.
Enforcement (Case Comment)
Citation: P.E.L.B. 1991, 1(3), 17-18
Subject: Planning; Real property
Keywords: Change of use; Enforcement notices; Variation
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…Planning and Environmental Law Bulletin1991 1 3 Enforcement P.E.L.B. 1991, 1(3), 17-18 Planning Real property Change of use Enforcement notices Variation Newbury D.C. v Secretary of State for the Environment [1991] J.P.L. 555 (CA) LJI0000075876 P.E.L.B. 17 17 …
…involved an enforcement notice served in respect of the whole of a five acre site — the majority of which was used for grazing horses. The notice alleged a material change of use to a combination of agriculture plus the stationing of a residential mobile home and two touring caravans and required the cessation of the use of the mobile home and caravans and their removal. The second respondent appealed against the notice only on the grounds that planning permission ought …
…the site included land in which no breach had occurred and that it should be split — the largest part was used only for agriculture (ie the grazing of horses) and the caravans and mobile home were stationed upon the remaining 0.4 acres of land, OS 9744. She sought planning permission to retain the caravans and mobile home on OS 9744, but claimed that the remainder of the site should be excluded from the notice. The inspector allowed the appeal and granted permission in respect of the whole site for its continued use for the mixed uses specified, on condition that no more than one mobile home for residential purposes and no more than two touring caravans should be stored at any one time and that within three months a scheme for the siting of the mobile home and caravans should be submitted to the local planning authority. The present action was brought by the District Council under …
…LJ, Parker LJ and Glidewell LJ): the Council’s appeal should be allowed. Once the inspector formed the view that the mobile home and cara P.E.L.B. 18 18 vans could remain if restricted to OS 9744 he had three options: (1) To vary …
…vans on a site restricted to OS 9744 and to quash the notice.(3) To grant permission for the mixed use of the whole site subject to the conditions he imposed. In addition the inspector could have considered using his powers under s 88B(1)( c ) to require that the remainder of the site should be used only for agriculture. The inspector was under a duty as a matter of law to consider the best way of achieving his aim…
3.
White v Secretary of State for the Environment, Transport and the Regions (Unreported, December 7, 1999) (QBD) (Case Comment)
Citation: J.P.L. 2000, Jul, 752
Subject: Planning; Agriculture
Keywords: Agricultural land; Change of use; Expert evidence; Green belt; Mobile homes; Planning policy guidance
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…LJI00003184681156 Case Comment JPL Journal of Planning & Environment Law 2000 Jul White v Secretary of State for the Environment, Transport and the Regions (Unreported, December 7, 1999) (QBD) J.P.L. 2000, Jul, 752 Planning Agriculture Agricultural land Change of use Expert evidence Green belt Mobile homes Planning policy guidance White v Secretary of State for the Environment, Transport and the Regions (Unreported, December 7, 1999) (QBD) LJI0000318468 J.P.L. 752 752 The applicant sought change of use for Little Hawkwell Farm, Maidstone Road, Pembury, Kent. The change was from agricultural use to agricultural/stationing of mobile homes to provide accommodation for farmer. He had established a 7,000 bird free-range egg-producing site on the unit. The …
…on a temporary basis following the sale of the appellant’s house elsewhere. It was proposed to site a four-bedroom mobile home just to the south of the two farm buildings. He found that residential development would comprise inappropriate development in the context of policies MGB3 and MGB1 and Planning Policy Guidance 2, unless there was agricultural justification for an on-site residential presence which outweighed the policy objections. The planning officer’s report had recommended the grant …
…development a trial run, where there was insufficient evidence to enable the authority to be sure of detriment to existing uses nearby. The Court found that no such uncertainty arose in the present case. In the light of the Inspector’s findings…
4.
Mobile home – agricultural land – enforcement notice (Case Comment)
Citation: J.P.L. 1996, Mar, 237-242
Subject: Planning; Agriculture
Keywords: Mobile homes; Planning permission; Profits
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…LJI00001859041217 Case Comment JPL Journal of Planning & Environment Law 1996 Mar Mobile home – agricultural land – enforcement notice J.P.L. 1996, Mar, 237-242 Planning Agriculture Mobile homes Planning permission Profits Lomas v Secretary of State for the Environment [1996] J.P.L. 237 (QBD) LJI0000185904 J.P.L. 237 237 An …
…and-a-half acres on which the only building was a steel framed barn. In 1988 they started calf rearing, using the barn on the appeal site. They found it difficult to look after the calves, travelling to and fro from the site and, so, at some time in 1992 they installed a mobile home on the land, the subject of the enforcement notice. Having briefly referred to the history, the Inspector noted that the …
…with development outside rural settlements, that development:“will not normally be permitted outside except:– (a) for the essential requirements of agriculture … Policy 1.9 then goes on to define the necessary requirements by the Planning Authority to demonstrate that development is essential for agricultural needs as follows:” Various factors were set out. They included at (a): “the economic viability of the enterprise”. Mr Ensor …
…question of viability with the extent of profitability. He said that it did not follow that to be viable an agricultural enterprise had to produce sufficient profit to support a full time agricultural worker, J.P.L. 240 240 because, for example, the person engaged on the enterprise might have private means or he might …
…the decision and remitted the matter to the Secretary of State.Application allowed. Comment. The issue of the viability of agricultural activities often arises in planning disputes as the agricultural use is the justification for the granting of permission for a dwellinghouse use. Although this case turned on the narrow point, of whether the Inspector was correct to deduct the interest on the…
5.
Hammond v Secretary of State for the Environment (No.1) Court of Appeal (Civil Division), 30 January 1997
Subject: Planning
Keywords: Estoppel; Planning procedures
Where Reported: (1997) 74 P. & C.R. 134; [1997] N.P.C. 8; Times, February 20, 1997
Documents: Case Analysis (1997) 74 P. & C.R. 134
Terms in Context:
…L.J.Brooke LJ Sir Brian Neill Neill, Sir Brian (c)Sweet & Maxwell Limited Planning Planning procedures Estoppel Planning permission presence of mobile home change of use conflicting decisions by planning inspectors earlier decision to take precedence Where conflicting decisions were made by two planning inspectors, the …
…his application to overturn the Secretary of State’s dismissal of his appeal against an enforcement notice, which applied to a mobile home on H’s land which he had installed as personal accommodation while he built a bungalow. The immediate issue concerned the relative status of conflicting decisions by planning inspectors. The first inspector had concluded that the use of the mobile home did not amount to a change of use and that, in the circumstances, H had a deemed permission for the same, as the breach of planning control had …
…The second inspector subsequently concluded that H had never had planning permission for building the bungalow itself, and that the mobile home’s presence was therefore unlawful and whether deemed permission was available was not a relevant question.Held, dismissing the appeal, that …
…Planning gainProtective costs orders Substitution of parties Tax Time limits Enforcement. P.E.L.B. 1997, Sep, 57 Enforcement notices Estoppel Limitations Mobile homes Agricultural land – planning permission for agricultural dwelling. J.P.L. 1997, Aug, 724-735 Enforcement notices Estoppel Limitations Mobile homes Variation Planning: issue estoppel. L.A.L. 1997, 4, 6-7 Enforcement notices Estoppel Limitations Mobile homes 1997257382 723…
6.
Winchester City Council v Ross Planning Inspector, 01 January 1988
Subject: Planning
Keywords: Employees; Fish farms; Mobile homes
Where Reported: (1988) 3 P.A.D. 363
Documents: Case Analysis
Terms in Context:
…Winchester City CouncilRoss WINCHESTER CITY COUNCIL V ROSS (1988) 3 P.A.D. 363 Winchester City Council Ross WINCHESTER CITY COUNCIL V ROSS Planning Inspector Planning Inspector UK United Kingdom 01 January 1988 (c)Sweet & Maxwell Limited Planning Employees Fish farms Mobile homes Mobile dwelling for agricultural worker use of land security and efficiency of undertaking conservation of wildlife a relevant planning objection The Council refused permission for the use of land as a site for an agricultural worker’s mobile home at a farm, which was sited within an Area of Outstanding Natural Beauty (AONB). The fish farm was registered as such with the Ministry of Agriculture, Fisheries and Foods (MAFF). The appeal concerned a mobile dwelling for a fish farm worker, but in order to make …
…crayfish plague” to which nearby native crayfish were not resistant. The Council argued that the suggested developments, of which the mobile home was a part, would seriously endanger the native crayfish population. The enterprise now required the labour of the appellant only …
…hour watch. The structure plan policy provided that housing development in the open countryside would be strictly limited to essential agricultural dwellings. The draft First Alteration included a proposal that an agricultural dwelling might be permitted in the countryside where it was “essential” for an agricultural worker. The newly adopted local plan also limited new housing development in the countryside to that which was essential for …
…question of convenience, it included a degree of necessity and the circumstances of this case were sufficient to establish an agricultural need for the temporary mobile dwelling; (3) however, it did not follow that planning permission should necessarily be granted as the impact of the development on its surroundings had to be considered; (4) the proposed mobile home would be a significant element in the landscape; (5) the acceptability of the particular species of animal in an agricultural enterprise was not a normal planning consideration and the consequences of that animal bearing a disease which would endanger other animals was an even more remote “land use” planning consideration; (6) the ecological dangers arising from such a happening had to be taken into account; (7) Circular 27/87 indicated that all public agencies concerned with the use of land and natural resources should ensure the effective conservation of the landscape and its wildlife and a proposed developmenta relevant planning objection; (8) special scrutiny has to be given to developments in AONBs and whilst there was an agricultural need for the mobile home, it would seriously affect the conservation of the landscape character of the area and there was a greater need to safeguard the quality of the landscape and its ecology; (9) the use of land rather than the financial circumstances of the owner and the viability of the enterprise rather than the resources…
7.
The difference in the inspector’s role at a “hearing” and at a “public enquiry”
Citation: Farm Law 2002, 72, 11-13
Subject: Planning; Agriculture
Keywords: Agricultural land; Mobile homes; Planning permission; Planning policy guidance
Documents: Legal Journals Index Abstract
Terms in Context:
…LJI0000369744FARM LAW 000000729988 Legal Journals Index 1072 Article – Journal Case Comment The difference in the inspector’s role at a “hearing” and at a “public enquiry”. Farm Law 2002, 72, 11-13 Farm Law Planning Agriculture Agricultural land Mobile homes Planning permission Planning policy guidance Unsuccessful appeal against decision of planning inspector relating to use of two storey building for agricultural purposes and request that mobile home be stationed on land to house person to care for livestock. Dyason v Secretary of State for the Environment, Transport…
8.
Agricultural land – planning permission for agricultural dwelling (Case Comment)
Citation: J.P.L. 1997, Aug, 724-735
Subject: Planning; Civil procedure
Keywords: Enforcement notices; Estoppel; Limitations; Mobile homes; Variation
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…LJI00002256471216 Case Comment JPL Journal of Planning & Environment Law 1997 Aug Agricultural land – planning permission for agricultural dwelling J.P.L. 1997, Aug, 724-735 Planning Civil procedure Enforcement notices Estoppel Limitations Mobile homes Variation Hammond v Secretary of State for the Environment Times, February 20 1997 (CA) LJI0000225647 J.P.L. 724 724 Planning permission was granted in 1976 subject to an agricultural occupancy condition for the erection of a dwelling on land in Mayland, Essex. Although some foundation trenches were dug, no other steps were taken. Mr Hammond, a landscape gardener, took over the land in 1982 and stationed a mobile home on it for occupation by his wife and three children as their family home. In 1984, he started building on …
…area of land attached. The land whose front part is now rented to Mr Hammond, was and is designated for agricultural use, but in February 1976 CFF Nurseries, who were then the owners of that piece of land, together with other land nearby, obtained detailed planning permission for the erection of a dwellinghouse on the plot, subject to an agricultural occupancy condition, because they were able to prove an agricultural need. Although some foundation trenches were dug, no other steps were taken to make use of this permission before Mr Hammond appeared on the scene in 1982. Mr Hammond is a self-employed landscape gardener. When he took over his plot, he brought a mobile home there and occupied it as his home with his wife and three children. In August 1984 a completion notice was confirmed, giving him one year to make use of the extant permission if it was not to lapse, and in that year he started building on the site …
…he expressed the view at the inquiry that the allegation in the notice which referred to the stationing of a mobile home should be amended to include reference to the purpose for which the mobile home was used at the time when the notice was issued. He said there was no dispute that the mobile home was used at that time for residential purposes. He referred to the case of Wealden District Council v. Secretary of State for …
…subsequent change of purpose as being a breach of the original Class XXII condition and not a material change of use, as Lord Kingsland suggested, although no doubt if the mobile home had remained on the land unused, the failure to take it off the land could be seen in that light. In the present case the purpose of its presence on land reverted to being a purpose for use as human habitation which was not protected by Class XXII and was alien to the permitted agricultural use of the plot after Mr Hammond moved out of it and he went to live in the bungalow. This approach …
…from one type of occupation of a caravan to another type of occupation can amount to a material change of use. This arose because if the original use of the mobile home in 1982 in connection with the building of the bungalow was lawful, the local planning authority had to show that the change to occupation solely for human habitation in 1985 was a material change of use. Lord Kingsland for the Hammonds therefore argued that at all material times the use of the mobile home was residential in character and that there was therefore no change of use material or otherwise, when this residential use changed from a purpose permitted to a purpose which was not so permitted. Brooke L.J. rejected this argument on the grounds that in the case of the use of caravans, a change in the purpose of the use of the caravan can be relevant in determining whether there has been a material change of use. He justified this by reference to the Wealdon decision (where it was accepted to be important whether the caravan was being used for an agricultural use and not some other purpose) and to section 55(2)(f) (which can be taken to assume that changes in…
9.
Doe v Secretary of State for Transport, Local Government and the Regions (Case Comment)
Citation: J.P.L. 2004, Mar, 359-362
Subject: Planning; Agriculture
Keywords: Agricultural workers; Change of use; Green belt; Mobile homes; Planning policy guidance
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…LJI00004344611168 Case Comment JPL Journal of Planning & Environment Law 2004 Mar Doe v Secretary of State for Transport, Local Government and the Regions Michael Smith J.P.L. 2004, Mar, 359-362 Planning Agriculture Agricultural workers Change of use Green belt Mobile homes Planning policy guidance R. (on the application of Doe) v Secretary of State for Transport, Local Government and the Regions …
…April 18, 2002 dismissing the claimant’s appeal against the Wychavon District Council’s refusal of planning permission for the change of use of Cornshire Fields Farm, Cooksey Green, Worcestershire to “use … for the key worker’s agricultural mobile home”.The mobile home had been on the appeal site for some years before the application was submitted. Planning permission was refused on the grounds that there was insufficient justification for the retention of the mobile home on either agricultural, animal husbandry or animal welfare grounds, and that its retention would be materially harmful to the openness and character of the Green Belt within which it was situated. The key worker was the claimant Mr Doe. The use of the land for the retention of the mobile home was agreed to be contrary to Green Belt policy in the Warwickshire County Structure Plan and the Wychavon District Local …
…issue at the inquiry before the Inspector was therefore whether very special circumstances existed to justify the retention of the mobile home. The claimant argued that the very special circumstances arose because the retention of the mobile home was necessary for the purposes of the rural enterprise which he, with his business partner, was running on the appeal site: principally the rearing of game birds from egg, through incubation to disposal to gamekeepers (though there were also agricultural activities–namely, the rearing of calves, beef stock, heifers and hens and ducks–on the appeal site). The rearing of game birds is not an agricultural activity within the meaning of the Town and Country Planning Act 1990. However it was agreed before the Inspector that …
…need for a dwelling house which might there all year round, or whether there is a need for a temporary agricultural dwelling which might there for a relatively few number of years, or whether there is a means whereby the requirements of the enterprise can be met by a mobile home, for example, which is taken onto the site, kept there while it is actually needed for a peak requirement or…
…fact that people in the position of the claimant inevitably face the problem of which comes first, the house or mobile home or the agricultural enterprise. But, as the comment was a throwaway comment and did not play any, or any significant, role in the…
10.
R. (on the application of Doe) v Secretary of State for Transport, Local Government and the Regions Queen’s Bench Division (Administrative Court), 16 October 2002
Subject: Planning
Keywords: Agricultural workers; Green belt; Mobile homes; Planning policy guidance
Where Reported: [2002] EWHC 2269 (Admin); Official Transcript
Documents: Case Analysis Official Transcript
Terms in Context:
…R. (on the application of Doe)Secretary of State for Transport, Local Government and the Regions R. (ON THE …
…Court)[2002] EWHC 2269 (Admin) UKEW England and Wales 16 October 2002 Ouseley, J. Ouseley, J (c)Sweet & Maxwell Limited Planning Agricultural workers Green belt Mobile homes Planning policy guidance agricultural workers mobile homes refusal of permission for permanent siting on green belt land consideration of planning policy criterion D appealed against the Secretary of State’s decision refusing D’s appeal against the refusal of planning permission for a key agricultural worker’s mobile home to be sited permanently on green belt land. The inspector found that the retention of the mobile home was not justified and, without proper justification, would result in a harmful intrusion of a residential use, to the detriment of the openness of the green belt. D contended that the inspector had failed to consider the application properly in terms of the criteria in PPG 7 Annex I pertaining to agricultural dwellings and that he had failed to give adequate reasons for his decision. D asserted that such a dwelling was …
…during the time they spent in pens awaiting collection by gamekeepers.To access the full text of this judgment please use the link above. Summary material is being prepared and will be published as soon as possible. Held, dismissing the appeal …
…and family lifeDoe v Secretary of State for Transport, Local Government and the Regions J.P.L. 2004, Mar, 359-362 Agricultural workers Change of use Green belt Mobile homes Planning policy guidance 2002705930 724…