DC Casebook: Agricultural Development - Ancillary farm use claim turned down

An inspector has refused to issue a lawful development certificate for the placing of a caravan on land in East Sussex, deciding that activities on the land are more akin to gardening than agriculture.

A field had been divided by stock fences into smaller parcels. A touring caravan stood on one plot and contained implements including buckets, gardening tools and a lawnmower. Part of the plot had been mown and part comprised rough grass with plant beds, one containing about two dozen strawberry plants. About a dozen trees had been planted, most of which were dead or dying.

The inspector did not consider that these activities fell within any of the operations conducted for commercial purposes set out in section 336 of the Town and Country Planning Act 1990. In his view, they were akin to domestic gardening with no commercial basis. The council's decision to refuse the application on the ground that the caravan was not ancillary to commercial use was well founded, he decided.

Inspector: Tony Bingham; Written representations


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