Agriculture in UK Law

Leading Cases
  • Padfield v Minister of Agriculture, Fisheries and Food
    • House of Lords
    • 14 février 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 octobre 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 juillet 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 juillet 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 février 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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Books & Journal Articles
  • Danish Agriculture
    • No. 5-1, January 1927
    • Public Administration
  • The Contested Discourse of Sustainable Agriculture,
    • No. 10-S1, January 2019
    • Global Policy
    The article critically analyses how the transformative ambition of the SDGs may be threatened in the process of moving from vision, through goals and targets to indicators. This is exemplified by a...
  • Sustainable development: greening and urban agriculture in Lithuania
    • No. 10-3, December 2018
    • Journal of Property, Planning and Environmental Law
    • 240-254
    Purpose: The purpose of this paper is to discuss the measures implemented under the spatial planning law of the Republic of Lithuania, along with various initiatives, to identify whether Lithuania ...
  • Legal frameworks for urban agriculture: Sydney case study
    • No. 13-3, November 2021
    • Journal of Property, Planning and Environmental Law
    • 218-235
    Purpose: This paper aims to examine the planning policy and legal framework governing the creation and operation of urban agriculture in Sydney, Australia’s global city. All levels of urban agricul...
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