An ostrich farmer in Chesham has asked the High Court to quash the decision of a planning inspector who refused permission for the construction of more facilities on the farm.
Linden Dyason has been seeking planning permission for his proposed developments at Pathfinder Farm, Ramscote Lane, Chesham, Buckinghamshire, since 1995.
However, in October 1999 a DETR inspector refused permission for him to retain a barn for ostrich-breeding facilities and storage, on the basis that the proposed development was not reasonably necessary for the purposes of agriculture. Consent for a mobile home to house agricultural workers on the land was also refused.
Representing himself on appeal, Dyason argued that the inspector had put a “perverse” interpretation on the words “essential” and “suitable” in the relevant planning policy guidance note, and had failed to recognise the weight of the expert evidence from a landscape architect.
He also claimed that the failure of Chiltern District Council to follow their own precedent, when first considering his application, also rendered the decision unreasonable and unsafe.
Dyason earlier sought to amend his claim to add a challenge under the European Convention of Human Rights, but Scott Baker J dismissed that request.
The hearing continues.
Dyason v Secretary of State for the Environment, Transport and the Regions and another Queens Bench Division: Administrative Court (Scott Baker J) 25 October 2000
PLS News 26/10/00
