DC Casebook: Agricultural development - Yurt retention allowed at farm holding

The requirements of an enforcement notice directed against unauthorised development at a farmstead in northern Scotland have been amended by a reporter who held that a Mongolian-style yurt could remain on the land.

The appellant explained that the yurt had been installed to provide temporary shelter from the weather. As it could be readily dismantled or moved, he claimed that it did not involve a breach of planning control because no material change in the land's agricultural use had occurred. The council asserted that it was being used as a dwelling and so permission was required.

The reporter agreed that the yurt could be used as a dwelling but found no evidence that this had occurred. The appellant merely used it for emergency overnight stays during the lambing season, he noted. In his view, the yurt did not constitute development under section 26(2)(e) of the Town and Country Planning (Scotland) Act 1997, which permits the use of any land and associated buildings for the purposes of agriculture or forestry. He upheld the requirement for removal of a caravan.

DCS Number 100-064-726

Reporter Michael Thomson; Written representations


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