Farm and Garden Machinery Sale - Friday 17th June 2011 - Catalogue Online Now
The sale includes:
Farm Machinery, Garden Equipment, Contractor's Plant, Strimmers and Mowers and a Special Section of 500 Lots of Shrubs, Trees, Plants and Bulbs at low prices direct from the Wisbech Nursery in Cambridgeshire.
An important recent ruling by the Court of Appeal in the case of Murrell v Secretary of State for Communities and Local Government and Broad District Council means that it will make it easier for farmers to erect new buildings.
Mr and Mrs Murrell first submitted a prior notification application to erect a 450sqm cattle building in December 2008. The Council considered the application invalid and requested further information over and above what was required for such a procedure. The application was subsequently refused after 31 of days of its original submission which is 3 days after the required 28 day period. Following a two year court battle the Court of Appeal has sided with the farmer and it has been decided that the council failed to respond to the application within the required 28 day period.
The requirements for the prior notification procedure are:
* A written description of the proposed development
* Material to be used
* A plan indicating the site
* The required fee (currently £70)
The Murrell case makes it clear that this is all that is required for a valid application and the 28 days starts when the local authority receive this information. The local authority cannot make an application invalid if it contains the necessary information. They can request further information but this does not stop the clock and it is a matter of judgement whether the farmer supplies the information.
If you would like assistance in submitting a planning application for agricultural buildings or submitting a prior notification application please do not hesitate to contact the Hobbs Parker Planning Team on 01233 506 201.
Hobbs Parker together with Hallett & Co and Wilkins Kennedy are actively encouraging the development of professional networks between businesses in Ashford to promote the local economy.
To aid in this goal the three companies have set up a group called Ashford Young Professionals who arrange both social and CPD events on a quarterly basis for the younger members of professional firms within the local area.
The next event will be a Networking and Comedy event at 7pm on the 30th March at Utopia.
If you would like to become a member of Ashford Young Professionals please email Eoin O'Connor or Victoria Phillips at EoinO@hobbsparker.co.uk and Victoria.Phillips@hobbsparker.co.uk
The Court of Appeal has overturned a decision by the High Court and found that a decision to grant permission for polytunnels on a farm in the Wye Valley was in fact lawful.
The farm was granted planning permission in 2008 for polytunnels covering 255ha, of which no more than 54ha would be covered at any onetime.
Following grant of permission Wye Valley Action Association mounted a legal challenge to the council’s decision arguing that the council should have carried out an environmental impact assessment because putting up the polytunnels amounted to “projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes” under the EIA regulations.
In December 2009, the High Court agreed with the action group that the council had made an ‘error in law’ in failing to carry out an environmental impact assessment.
Lord Justice Richards, sitting with Lord Justice Rix and Lady Justice Smith, ruled the council was entitled to have concluded that the site was neither ‘uncultivated’ nor ‘semi-natural’.
Giving the leading judgment, Lord Justice Richards said: “There does seem to me to be a fundamental contrast between ‘semi-natural areas’ and land that is subject already to intensive cultivation. Natural England’s guidance expressly excludes all arable and horticulture land from the types of land considered to be semi-natural areas. In my view that is a proper reflection of the meaning of the term.”
This decision is of particular relevance to the farmers in the AONB in Kent and it removes what would have been a significant hurdle to overcome if they were seeking planning permission for polytunnels, or indeed any other development that was considered be a project using uncultivated or semi natural areas for intensive agricultural purposes.
If you are interested in using polytunnels on your farm and wish to seek planning advice or if you need advice on planning matters generally please do not hesitate to contact Jonathan Lee or Eoin O’Connor by calling 01233 506 201 or Email: EoinO@hobbsparker.co.uk
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