Cases - Farleyer Estate v Secretary of State for Scotland
Record details
- Name
- Farleyer Estate v Secretary of State for Scotland
- Date
- [1992]; [1992]
- Citation
- 2 PLR 123; SC 202
- Legislation
- Keywords
- Planning control
- Summary
-
The appellants used a piece of land, 1,500 metres from their forestry plantation, as a timber storage and transfer area. Access to the site from the plantation was by a narrow and winding road through a small village.
The local planning authority served an enforcement notice alleging a change of use (storage and transfer) without planning permission. The reporter dismissed the appeal despite the fact that there was no alternative to the movement of timber along the road so that it could be stockpiled on the site and loaded on to lorries. His reasoning was that the site could not be ancillary as it was so physically divorced from the forest.
On appeal, the Court held that forestry includes operations necessary to render the timber marketable and disposable. This must include the extraction of the timber and its being stockpiled preparatory to its onward removal. It did not matter that the site was divorced from the plantation, as the use to which it was being put was that of forestry.