Food Production in UK Law

In the case of an ordinary farm the agricultural operations are those carried on outside the buildings, and the use of the buildings must be in connection with those operations. They may be so extensive that the only agricultural operations in the market garden are those carried on in those buildings. And even where crops are also grown outside, the use of the glass houses is often not in connection with the agricultural operations on the land outside.

On the undisputed facts I consider that the answer must be in the negative. The facts relating to the layer houses are as follows. There are 20 of them and they are used to house the breeding stock. The Appellants buy day-old chicks (hens and cockerels).

It follows that, when an application for leave to apply is not made promptly and in any event within three months, the court may refuse leave on the ground of delay unless it considers that there is good reason for extending the period; but, even if it considers that there is such good reason, it may still refuse leave (or, where leave has been granted, substantive relief) if in its opinion the granting of the relief sought would be likely to cause hardship or prejudice (as specified in section 31(6)) or would be detrimental to good administration.

Most of the evidence here was on oath, but that is no reason why hearsay should not be admitted where it can fairly be regarded as reliable. It only means that the Tribunal must give the other side a fair opportunity of commenting on it and of contradicting it, see Board of Education v. Rice, 1911 Appeal Cases at p. 182: Reg, v. Deputy industrial Injuries Commissioner, Ex parte Moore, 1965, 1 Queen's Bench, p. 490.

If on the view of the statute as a whole you find that the substance of the legislation is within the express powers, then it is not invalidated if incidentally it affects matters which are outside the authorised field. The legislation must not under the guise of dealing with one matter in fact encroach upon the forbidden field.