DC Casebook: Agricultural development - Aviaries judged acceptable in landscape

An enforcement notice requiring the removal of aviaries at a Somerset farm has been quashed despite an inspector's ruling that planning permission was required for their retention.

The farm was used to grow crops and keep free-range pigs and chickens. The appellant also bred and kept birds of prey and ravens, which he hired out to deter other birds in city centres, quarries and grain stores and to hunt rabbits. He asserted that keeping and breeding the birds was associated with the agricultural use of the land.

The inspector disagreed. The birds were not kept as livestock and not specifically used in farming activities on-site, he noted. He held that the use required permission, as did the aviaries in which the birds were kept. However, he allowed the aviaries to be retained, finding that the cages were of modest size and would not harm the area's character subject to a landscaping condition.

DCS Number 100-058-278

Inspector Brian Cook; Hearing

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