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FBC Manby Bowdler LLP Secures Landmark Legal Victory for Farmers on Agricultural Development- 10/01/2011
West Midlands’ law firm FBC Manby Bowdler LLP has won a landmark legal ruling in favour of farmers who wish to put up agricultural buildings that fall within “permitted development” parameters.
Following submissions by Niall Blackie, Partner and Head of Planning at FBC Manby Bowdler, the Court of Appeal overturned a previous court ruling and restored the principle that planning authorities can only refuse agricultural buildings on questions as to siting design and appearance, and not on grounds relating to whether development should be allowed at all in a particular part of the countryside. It also re-established the strict timetable for ”notifications” for agricultural buildings.
Mr Blackie, who, as a solicitor-advocate, represented his farmer client, Mr Murrell, in court, said: “This ruling restores the simplicity of the planning system for farmers and the balance between agricultural development and the limited planning controls.”
When a farmer needs a building for his or her farming business, a development order made by the government gives the necessary planning permission; the permission is subject to a variety of requirements and limitations including the size of the building, but the system is intended to be simple to understand and operate, and involves ‘prior notification’, to the local planning authority, of the requirement for a building.
Mr Blackie explained: “In effect the farmer fills in a simplified application form and asks a question: ‘I want to put up a building – it is going to be this big, and built of these materials, and is going to be put on this site – do you want to approve the siting, design and appearance before I put it up?’. The planning authority has 28 days in which to make up their mind whether to go on to that second stage.”
The Appeal Court ruled that the planning authority must stick to the 28 day timetable and cannot stop or pause it, and that because they had missed the deadline, the farmer had the right to build his cattle shed. The Secretary of State unsuccessfully argued that the Council had been entitled to decide when the 28 day period began, and that additional documents had been required to trigger the timetable.
Mr Blackie said: “To avoid difficulty, I would recommend farmers to lodge their applications electronically or in person, rather than through the post, to use the most up to date form, and to insist on a receipt for their application when lodging it in person, to prevent any argument over dates.”
The Appeal Court also ruled that planning officers cannot turn down permission for these agricultural buildings on policies which exclude altogether the principle of development in the countryside, but must limit their concerns to the issues of siting design and appearance.
Mr Blackie said: “I would recommend farmers and their agents ensure that planning officers handling their planning application are aware of the distinction between agricultural buildings and other rural development, and of this judgment.”
With 37 partners, FBC Manby Bowdler is one of the largest law firms in the West Midlands. The firm has offices in Wolverhampton, Willenhall, Telford, Shrewsbury and Bridgnorth.