DC Casebook: Agricultural Development - Glasshouse held to harm limestone area

A horticultural building planned for a site in Derbyshire has been judged visually harmful to the area's limestone character, outweighing the claimed benefits of hydroponic farming.

The council issued a lawful development certificate (LDC) last year for an agricultural building. On that basis, the appellant argued that prior approval for its siting and design was not needed under condition A.2(2) in class A, part 6, schedule 2 of the General Permitted Development Order 1995. The council responded that the certificate did not obviate the need for a determination as to whether prior approval would be required.

The inspector agreed with the council. Section 195(5) of the Town and Country Planning Act 1990 states that an LDC does not remove the need to comply with any condition required by statute, he observed. While the certificate did not refer to siting, design and appearance, it did draw attention to the limits imposed by condition A.2(2).

In this light, he held that the appeal had to be decided on its planning merits. The building would be a substantial structure with a predominantly glazed exterior. In his opinion, it would appear as an alien feature in attractive countryside. Other than farm buildings of traditional stone appearance with slate roofs, agricultural buildings in the landscape were limited and the area had no tradition of glasshouse farming.

DCS Number 100-069-109

Inspector Martyn Single; Written representations


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