Casebook: Appeal Cases - Agricultural Development - Permission required for tipping builders' waste

An enforcement notice directed against the import of wastes at a Cheshire farm has been upheld by an inspector who decided that they were not reasonably necessary for improving the agricultural quality of the land.

Some of the waste tipped over 0.3ha of the farm comprised builders' rubble, including wood, plastic, metals and paper. The appellant explained that he was trying to improve the quality of set-aside land and claimed that much of the waste comprised soils taken from old tracks on the farm itself.

The inspector noted that "waste" is not defined in the Town and Country Planning Act 1990, although the Waste Management Licensing Regulations 1994 state that for a substance or object to qualify it must have been discarded or subject to disposal.

With this definition in mind, he decided that while soils from farm tracks did not fall within the definition of waste material, the builders' rubble certainly did since it had been deliberately imported onto the site and had no utility value at the point of origin. Consequently planning permission was required for the development, he held.

DCS No: 100039193; Inspector: John Whalley; Inquiry.

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