54 Field Lane, Morton, GAINSBOROUGH, DN21 3BY

the proposed use of the dwelling for occupation by a person or persons, including the dependents of such person or persons, taking an income from renting out land (smallholding) attached to the dwelling to be farmed. This

Authority: West Lindsey District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: agricultural · Change of use
Inspector: Madge M

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that the proposed use of the dwelling for occupation by a person or persons, including the dependents of such person or persons, taking an income from renting out land (smallholding) attached to the dwelling to be farmed was lawful at the material date of 28 November 2022

What decided it

The definition of agriculture does not include deriving an income from the agricultural tenancy of land, therefore the proposed use would not comply with the agricultural occupancy condition.

Read the decision letter on the Inspectorate’s site

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