Permitted development rights inapplicable given limited evidence of farming

The erection of a building in north Yorkshire was not permitted development, an inspector determined, because the appellant had not proven that the land was in agricultural use.

The appellant stated that the seven hectare site was used for the grazing of sheep by another farmer and was cropped annually for hay. The lack of farm accounts led the inspector to question whether the enterprise was farmed on a commercial basis. The fact that the land was registered under the single farm payment scheme and under the Natural England entry level stewardship scheme did not prove that it was farmed commercially. Rather, they were payments made to the appellant to maintain the land and the definitions used by DEFRA did not necessarily coincide with the GPDO. Although there was some agricultural use, since there was insufficient evidence that a trade or business was being carried out, he could not conclude that the building was reasonably necessary for the purpose of agriculture.

Inspector: Brendan Lyons; Written representations


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