§ Lord Marlesfordasked Her Majesty's Government:
Whether they believe it is consistent with the sustainable use of land for turf to be repeatedly harvested from it over a period of years. [HL855]
§ Baroness HaymanTurf cutting as a commercial activity may constitute "development" within the terms of the Town and Country Planning Act 1990, requiring planning permission. Where turf cutting is "reasonably necessary for the purposes of agriculture", it benefits from permitted development rights under Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995. In such cases, there is no requirement for a planning application to be submitted to the local planning authority. Whether turf cutting is deemed to be an agricultural activity, an activity reasonably necessary for the purposes of agriculture, or a non-agricultural activity requiring planning permission will depend on the circumstances of the particular case.
The long-term agricultural potential of land may be significantly reduced if substantial amounts of soil are removed. Local planning authorities are advised to consult MAFF about commercial cutting or stripping of turf from agricultural land where planning permission is required. LPAs are required in any case to consult MAFF before granting permission for a planning application which is not in accordance with the development plan and would involve (i) the loss of 20 ha or more of grades 1, 2 or 3a agricultural land or (ii) a loss which is less than 20 ha but is likely to lead to further losses amounting cumulatively to 20 ha or more. Such consultations enables MAFF to advise on appropriate technical conditions.
Under the Agricultural Land (Removal of Surface Soil) Act 1953, it is an offence to remove for sale more than 5 cubic yards of surface soil from agricultural land in any period of three months unless removal of the soil is "reasonably necessary" in the course of cutting turf.