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Agriculture
Bulls kept for semen
A planning inspector had refused planning permission for the redevelopment of a rural site to demolish existing buildings on site and build 40 residential dwellings. The inspector rejected the submission that the land was previously developed land as it had been used for keeping bulls for the production of semen to be used in artificial insemination. The buildings on site were used mainly for the storage of the semen. The inspector considered that this was an agricultural use.
The appellant claimed on appeal that the keeping of bulls solely to produce semen was not within the definition of agriculture under section 336 of the Town and Country Planning Act 1990 and therefore could not be an agricultural use.
Held: On any sensible reading, the keeping of bulls for the production of semen could be classified as the keeping of livestock. The keeping of such bulls bore all the characteristics of agriculture as keeping the bulls involved feeding and caring for them, and although the product from the bulls was not specifically set out in section 336 of the Act, they were kept to produce a kind of product, namely semen.
Fenchurch Residential Ltd v First Secretary of State QBD (Admin), Crane J, 24 November 2005
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