Fowler v SoS for the Environment and North Wiltshire DC, Berwick Trust
Fowler v SoS for the Environment and North Wiltshire DC, Berwick Trust
- 1993
- Journal of Planning and Environment Law 1993 JPL 365-370(6) .
QBD 8 June 1992. F had an agricultural tenancy from B who had applied for planning permission to develop the farm as an equestrian centre. The council refused and B applied to the SoS. An inquiry was held at which F appeared as a objector. The inspector allowed the appeal and granted permission. The main questions he had considered were effect on the rural landscape and whether there was a case for retention of the site in agricultural use. He also considered F`s objections on the grounds of hardship as if permission was granted this would effectively issue a notice to quit under Agricultural Holdings Act 1986. F appealed on these grounds. Appeal dismissed.
AGRICULTURAL HOLDINGS ACT 1986
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
CHANGE OF USE
EQUESTRIAN CENTRE
NOTICE TO QUIT
PLANNING PERMISSION
QBD 8 June 1992. F had an agricultural tenancy from B who had applied for planning permission to develop the farm as an equestrian centre. The council refused and B applied to the SoS. An inquiry was held at which F appeared as a objector. The inspector allowed the appeal and granted permission. The main questions he had considered were effect on the rural landscape and whether there was a case for retention of the site in agricultural use. He also considered F`s objections on the grounds of hardship as if permission was granted this would effectively issue a notice to quit under Agricultural Holdings Act 1986. F appealed on these grounds. Appeal dismissed.
AGRICULTURAL HOLDINGS ACT 1986
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
CHANGE OF USE
EQUESTRIAN CENTRE
NOTICE TO QUIT
PLANNING PERMISSION