DC Casebook: Agricultural development - Removal of caravan viewed as essential

An inspector has upheld an enforcement notice aimed at preventing residential use of a caravan on a Devon farm, concluding that its removal is necessary to remedy the breach of control.

The appellants kept sheep, horses, chickens, geese and ducks. They explained that the caravan was used for three or four nights a week to ensure smooth running of the farm. The council's agricultural adviser considered that less than 0.1 of a full-time worker was required.

The appellants presented no evidence to suggest that it was essential for one or more workers to be available at most times. The functional test was not met, the inspector found. Neither could he see evidence that the scheme was financially viable. He agreed with the council that site activities amounted to hobby farming.

The appellants claimed that they needed the caravan to serve agricultural purposes and the notice should be varied to delete the requirement to remove it. The inspector reasoned that discontinuance of residential occupation on the land required the removal of what enabled that use to take place and formed part and parcel of it. It was not excessive to require the caravan to be removed, he decided.

DCS Number 100-069-355

Inspector David Leeming; Hearing.


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