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Buachaill, Barrister
Category: Law
Satisfied Customers: 10526
Experience:  Barrister 17 years experience
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Planers have granted change of use to my neighbours barn on

Resolved Question:

Planers have granted change of use to my neighbours barn on the basis that it was in Agricultural use on March 2013. I do not agree. My neighbour has bred Horses since at least 2010. There were no cattle movements in 2012 or 2013 according to the RPA, and although they claimed that they received single farm payment I can find no record of this on the public database. The question is: does breeding horses constitute agriculture?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Graham, I regret to say that breeding horses does constitute agriculture. The breeding of bloodstock is a facet of agriculture even if it is less intensive than other forms of agriculture, such as dealing with livestock.

Expert:  Buachaill replied 10 months ago.

2. Agriculture constitutes many forms, whether it is breeding horses, sheep, piges, cattle or poultry. Once there is even intermittent use of an agricultural nature, this would constitute agricultural use. Additionally, you should realise that it is extremely difficulty in planning law, for a barn to lose the designation of agricultural use. So long as there is even intermittent use of any agricultural nature, I will continue to have that designation for planing law purposes.

Expert:  Buachaill replied 10 months ago.

3. Be aware that under Planning law, the agricultural use would have to be abandoned in order to be lost. That would require a manifest intention to abandon the agricultural use in order to lose it. Mere non-use for a year would not be sufficient to constitute abandonment.

Expert:  Buachaill replied 10 months ago.

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