This application was essentially a modified resubmission of 2217/22/AGR, our objection to which can be read here. The primary difference was that instead of applying for consent various tracks extending for a total of 3,355 metres, which would have either covered or removed 16,775 square metres of land located alongside hedgerows inside the South Hams SAC GHB Sustenance Zone surrounding the High Marks Barn, this application only sought to cover or remove 9,700 square metres.

Even so, we were of the opinion that the proposal should require a Habitat Regulations Assessment.

We also had three areas of concern when objecting to this application.

To begin with Paragraph A.1 e(i) of Class 6 Part A of The Town and Country Planning (General Permitted Development) (England) Order 2015 specifies that the limitation of 1000m2 relates to any works or structure (other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations. Nowhere in the legislation does it say that tracks are excluded.

We also wondered why, even were it to be accepted the tracks were reasonably necessary for agricultural purposes, why were they only necessary until they arrived at a point some 25 metres from a classified road, yet remained necessary up to those points where they reach the unclassified roads?

And, as we evidenced in our objection, it appeared work had already begun on constructing some of the tracks.

We therefore argued the Prior Approval ‘not required’ notification should not be issued.

In her report the case officer wrote that while 'there is no statutory duty to advertise this type of application for public comment, a letter of objection has been received from the South Hams Society which in summary raises the following concerns'. She then listed the issues we had raised. However, despite concluding 'the formation of a new private way(s) are engineering operations and not therefore buildings under Part 6. As such the 1000sqm limitation does not apply to the provision of new private way(s)' she nevertheless decided prior approval would be required, given 'officers consider insufficient information has been provided in relation to siting having regard to the location within the South Devon AONB and potential ecological impacts (which require further assessment)'.

The application was refused.