Agriculture in UK Law

Leading Cases
  • Padfield v Minister of Agriculture, Fisheries and Food
    • House of Lords
    • 14 Febrero 1968

    Parliament must have conferred the discretion with the intention that it should be used to promote the policy and objects of the Act; the policy and objects of the Act must be determined by construing the Act as a whole and construction is always a matter of law for the Court.

  • Fawcett Properties Ltd v Buckingham County Council
    • House of Lords
    • 26 Octubre 1960

    For I am of opinion that a planning condition is only void for uncertainty if it can be given no meaning or no sensible or ascertainable meaning, and not merely because it is ambiguous or leads to absurd results. It is the daily task of the courts to resolve ambiguities of language and to choose between them; and to construe words so as to avoid absurdities or to put up with them. And this applies to conditions in planning permissions as well as to other documents.

    The definition of "agricultural population" in the Housing Acts is limited by the context to the agricultural population "of the district", that is, of the locality. So here the words of the condition are to be read in the light of the reasons which the planning authority are enjoined to give, see Crisp from the Fens Ltd. v. Rutland County Council (1950) 1 Planning and Compensation Reports, 48. They are not for people who go up and down to London every day.

  • Wallis's Cayton Bay Holiday Camp Ltd v Shell-Mex and B.P. Ltd
    • Court of Appeal (Civil Division)
    • 10 Julio 1974

    When the true owner of land intends to use it for a particular purpose in the future, but meanwhile has no immediate use for it, and so leaves it unoccupied, he does not lose his title to it simply because some other person enters on it and uses it for some temporary surpose, like stacking materials; or for some seasonal purpose, like growing vegetables. The line between acts of user and acts of possession is too fine for words.

  • Newbury District Council v Secretary of State for the Environment
    • Court of Appeal (Civil Division)
    • 13 Julio 1978

    Subject to these conditions: "(l) The buildings shall be removed at the expiration of the period ending December 31st, 1972. (2) The use shall be confinedto storage and no materials shall be stored which give rise to offence by reason of smell". For this reason: "(l) To accord with the local planning authority's policy regarding industrial development in rural areas.

    To my mind the maximum of law and equity applies here: Qui sentit commodum sentire debet et onus. One was to apply for a grant of planning permission: the other was to rely on any existing use rights that might be attached to the site. Once they opted for planning permission - and accepted it without objection - they had made their bed and must lie on it. No doubt they did not know of the past history, but that was only because they did not choose to rely on it.

  • Reardon Smith Line Ltd v Ministry of Agriculture, Fisheries and Food (Agostino Bertani, Cape Rodney, Queen City, Riverton)
    • House of Lords
    • 07 Febrero 1963

    The essence of what I have called a business option is that the character of the obligation is altered to suit the option holder. There must, therefore, be some provision, express or implied, for its exercise within a reasonable time and for the communication of the election to the other party. It would be wholly unreasonable for the principal obligation in a contract to be altered without the other party being informed.

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Legislation
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Books & Journal Articles
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Forms
  • Chapter SVM112060
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......AR is only available for agricultural property which was either:. occupied by the company for the purposes of agriculture throughout the period of two years ending with the date of the transfer (the occupation test) or. owned by the company throughout the period of ......
  • Chapter IHTM24240
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... business tenancy for the purposes of the 1995 Act if it meets the business conditions (see below) laid down in the act and either the agriculture condition (see below) or the notice condition (see below). The policy of the 1995 Act is to phase out security of tenure under 1986 Act tenancies as ......
  • Chapter IHTM24220
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ......Land can only qualify as agricultural land protected by the 1986 Act if it is used for agriculture, and is so used for the purposes of a trade or business. What is agriculture?. Agriculture is defined in AHA1986/S96 (1) as including ......
  • Chapter IHTM24092
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... . It is for you to decide whether a cottage which is temporarily vacant is being genuinely held for the purposes of agriculture (such as where one farm-worker has vacated and another is shortly to take up occupation) and should be treated as also satisfying IHTA/S117 (and ......
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