According to the Planning Statement submitted by the applicant's agent a series of tracks, in total 3,555 metres in length and 5 metres wide, were required to serve the newly established dairy business at the farm. For the past 15 years the farm had been run as a substantial beef rearing unit, but was now being converted to a dairy enterprise. A rotary milking parlour was being installed into one of the existing buildings to facilitate the twice daily milking of 500 dairy cows.

The tracks were essential, the agent claimed, 'to prevent the poaching of the land which not only impacts the soil structure and the land, but also impacts on the cows’ feet and therefore their welfare and life span.'

The tracks were to be located to provide direct access from the main set of farm buildings at Hendham View Farm to all of the land on the holding.

The Society objected to this application on the basis that, in our opinion, the agent has made an error in understanding the General Permitted Development Rights Order, Part 6, Class B that relate to the provision of a private way. The agent had acknowledged that the applicant farmed a total of 295 hectares, of which 202 hectares were owned at Hendham and a further 93 hectares were rented on Farm Business Tenancies.

Consequently Part 6 Class B – agricultural was not applicable to this holding as the unit was 'not less than 0.4 hectares but less than 5 hectares in area'. Instead Class A would apply, within which no ‘provision, rearrangement or replacement of a private way’ permission is listed. It was therefore our opinion that this prior notification request had been submitted in error.

Less than a week later the application was withdrawn.