Successful Planning Appeal for Resourceful Cider Vinegar Business
April 2010
Wimborne office have recently won a planning appeal on behalf of the owners of a 15 acre cider apple orchard in West Dorset.
The owners had bought the orchard 4 years ago and have been setting up a new business using the cider apples for cider vinegar and pressing them onsite as well as establishing a business propagating plants and shrubs for topiary. Such resourceful businesses are needed in the countryside to keep land in production and to ensure the economic sustainability of the countryside which is why these initiatives are largely supported by Government. 15 acres of cider apples were unlikely to be able to provide an income for the owners in today's climate. They were seeking to obtain temporary planning permission for residential accommodation on the holding as they build up their business in the coming years to full viability.
Andrew Robinson who handled the appeal says "As with all cases of this nature, it was imperative to show that there was an essential functional need to live on the site to properly meet the needs of the emerging cider vinegar and topiary sculpture business. Considerable evidence to support the case was put forward by the appellants and their expert advisers, with considerable contrary evidence being put forward by West Dorset District Council's expert."
The outcome of the appeal, to an extent, rested on the interpretation of the word "agriculture". Whilst this quite clearly covered the growing and harvesting of apples, conflicting arguments were put forward as to whether this covered the on site production of cider vinegar and the propagation of shrubs and plants for topiary purposes.
The Inspector, in what he termed as a finely balanced decision, (meaning that it should not be taken to mean that a similar finding would always be appropriate) decided that in the particular circumstances as described in the submitted evidence, the topiary and vinegar production activities could be argued as ancillary and incidental to agriculture.
The Inspector allowed the appeal for the temporary dwelling subject to planning conditions.
Andrew Robinson and the firm's planning team are keen to look at more of these types of planning issues the firm being anxious to be at the forefront of new ideas in the farming business world.
Further information is available from Andrew on 01202 882103 or email arobinson@symondsandsampson.co.uk
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