The law and bee keeping , the use of agricultural land for bees

[JamezF]

I'd not rely on what the planning officer has said on the phone in any way at all, not least because it's no real use as evidence. I'd try to keep everything in writing.

If there's an enforcement notice then I'd expect it to detail the nature of the problem. If it's that the planning officer doesn't accept that bees can be kept on agricultural land then I'd respond in writing referring to the part of the act that I mentioned earlier and explaining that as the bees will be producing food they appear to meet the conditions of agricultural use and that you see no reason for them to object to their presence.

If it says that they can't be kept on an area designated for equestrian use then that might be more tricky. More specialist advice would probably be required. I imagine a lot of beekeepers might inadvertently find themselves in the same boat, never having considered that there could be an issue.

On the other hand, if the enforcement notice isn't totally specific I'd reply asking for a full explanation of the reasons that the enforcement notice has been issued and see what they come back with.

It's entirely possible that the notice has been issued by a planning officer who doesn't understand the situation. My experience of their "services" is far from positive. I've had an application turned down by one planning officer only to be told by another working in the same office (who worked on a modified resubmitted application) that they could see no reason for the refusal and if they had dealt with it they would have approved it without an issue. At times it does appear to be a complete lottery.

James

 

[Erichalfbee]

Are heather moors agricultural land?

 

[JamezF]

In that case are bees allowed in non agricultural gardens?

I can't believe that there's never been a decision on such a case. Bees may be a bit of a special case. Other than poultry, I think most other livestock would require a CPH number for the land and I doubt you'd get one (I think there's some odd rule that less than fifty birds aren't considered the same way). Perhaps keeping bees in a garden is considered a recreational thing similar to say, keeping budgies (maybe -- I know nothing about keeping budgies) or something like that, and there are different rules.

James

 

[JamezF]

Are heather moors agricultural land?

There's probably no single answer. How land is defined to be used from a planning point of view if there has been no specific application to change it since things were formalised in the 1950s (I think) can be very vague or even just a complete mess. It might depend on how the land has been used historically, how much the planning officer and landowner want to push their view and how much documentary proof there is when the necessity of making a decision arises.

James

 

[Gilberdyke John]

I live in the country with a small garden but a large paddock next door to me .My neighbour has kindly agreed to be allow a couple of hives on his land . I have just fenced off an area and he has now had an enforcement notice from the council. I spoke to the officer who had said bees are not allowed on paddock without a change of use of the land as they are not agriculture.
Any advice or thoughts would be greatly appreciated as I have spent a hugs amount on fencing and I am shocked. The officer has said one or two hives is not acceptable on agricultural land .I may have to abandon my dream of having bees

Any advice or experience regarding the law, or use of agricultural land would be greatly appreciated

What happens if you put the hives on wheeled trolleys and move them about from time to time so they are mobile structures?

 

[JamezF]

What happens if you put the hives on wheeled trolleys and move them about from time to time so they are mobile structures?

I'm fairly sure there's case law covering that sort of stuff already, particularly in the case of housing for poultry or horses.

James

 

[Wilco]

NBU/APHA say beekeeping comes under agriculture and falls under DEFRA.

I phoned them earlier and now have essentially the above response in an email.

I'd recommend you follow the advice in various posts above and (politely) ask for more information and their rationale/justification in writing before taking their argument to pieces and escalating up the chain if appropriate. Don't pick a fight unless you have to, but don't be afraid to pick a fight.

 

[Hedgerow Honey]

We have come across two instances where the definition of hobby versus commercial has made a difference.
One was a factory site we have, their insurers wouldn't accept colonies placed on site by one of their employees, because it was defined as their hobby.
The other instance was a very large estate that had entered into one of the environmental schemes, but colonies had to be provided by a commercial business, not hobby.
The only reason/example for the last one is the hobby guy had twelve colonies on 9000 acres and was quite persistent in not allowing any others on the ground. I'm fortunate that this guy left just as I moved to Shropshire.

 

[Beesnaturally]

AFAIK all land, no matter what its 'use' class, has standing agricultural permission. The council can never tell anybody not to grow a carrot, whether for own use or for sale. The same is true of keeping livestock. And livestock needs fencing; and again, there is no law against fencing (unless by way of an article 4 direction).

You cannot tell anybody to stop doing agriculture until and unless there is a nuisance ruling. That must come from the environment office, via, ultimately, a court order.

So you can tell the planning enforcement officer (who just want his desk cleared asap, and is happy to pretend he know what he is doing when has no legal training whatsoever) to jump in the nearest lake. Politely of course.

He will have come because of a complaint - planning folk don't come around unless someone make a planning complaint. So you could ask after the reasons that bought him there, if you wish. Yes, as others have said, ask for reasons in writing.

If the complainant now contacts the Environment office (under the same council) they will turn up, and you will have a issue not about the use, but about 'nuisance'.

-----

If and only if the planners could could consider your 'use' to be solely leisure then they would have a case for saying you have illegally taken land out of its designated agricultural 'use' and are using it for recreational purposes. So be sure to emphasise you are keeping bees for their yield, for home or sales, and/or raising bees for expansion or sale. Planners (and the Environment folk) are under strict instruction not to get in the way of growing businesses without very good reason, and you can use that to your advantage.

-----

However: if the land _use_ (the paddock you are in) has been officially changed from agriculture to leisure 'use' as a result of being used for recreational riding only, then you may find it has been changed to equestrian use ONLY. In that case you are on different ground, and I don't know what happens. There may be a court ruling that will help - if you can find it.

The request for detail should clarify the position. Planning enforcement officers won't generally volunteer _any_ information I've found. A written request goes to the legal team, and the response is legally stated.

If you wanted something to do while you wait, searching 'equestrian use, planning restrictions' or similar might throw up something interesting. Look closely at related planning appeals.

This offers a route into appropriate planning law in this area: Agriculture Act 1947

 

[Wilco]

AFAIK all land, no matter what its 'use' class, has standing agricultural permission. The council can never tell anybody not to grow a carrot, whether for own use or for sale. The same is true of keeping livestock. And livestock needs fencing; and again, there is no law against fencing (unless by way of an article 4 direction).

You cannot tell anybody to stop doing agriculture until and unless there is a nuisance ruling. That must come from the environment office, via, ultimately, a court order.

So you can tell the planning enforcement officer (who just want his desk cleared asap, and is happy to pretend he know what he is doing when has no legal training whatsoever) to jump in the nearest lake. Politely of course.

He will have come because of a complaint - planning folk don't come around unless someone make a planning complaint. So you could ask after the reasons why he is he, if you wish. Otherwise, as others have said, ask for reasons in writing.

If the complainant now contacts the Environment office (under the same council) they will turn up, and you will have a conversation about 'nuisance'.

-----

If and only if the planners could could consider your 'use' to be solely leisure then they would have a case for saying you have illegally taken land out of its designated agricultural 'use' and are using it for recreational purposes. So be sure to emphasise you are keeping bees for their yield, for home or sales, and/or raising bees for expansion or sale. Planners (and the Environment folk) are under strict instruction not to get in the way of growing businesses without very good reason, and you can use that to your advantage.

-----

However: if the land _use_ (the paddock you are in) has been officially changed from agriculture to leisure 'use' as a result of being used for recreational riding only, then you may find it has been changed to equestrian use ONLY. In that case you are on different ground, and I don't know what happens. There may be a court ruling that will help - if you can find it.

The request for detail should clarify the position. Planning enforcement officers won't generally volunteer _any_ information I've found. A written request goes to the legal team, and the response is legally stated.

If you wanted something to do while you wait, searching 'equestrian use, planning restrictions' or similar might throw up something interesting. Look closely at related planning appeals.

This offers a route into appropriate planning law in this area: Agriculture Act 1947

Our house came with covenants in the deeds stating the land couldn't be used to keep livestock so I'm not sure you're entirely correct above.

 

[Anduril]

The council can never tell anybody not to grow a carrot, whether for own use or for sale.

Not quite true I know of one site in Caerphilly that was built on an old landfill. Although it was cleaned up, the new residents were told not to grow crops in their gardens.

 

[jenkinsbrynmair]

Our house came with covenants in the deeds stating the land couldn't be used to keep livestock so I'm not sure you're entirely correct above.

have a few parcels around here where agricultural use is particularly restricted

 

[wightbees]

My bets are that it’s the Fence not the bees

 

[Wingy]

I have bees on agricultural land and move them around to aid in pollination OSR, field beans etc

 

[Beesnaturally]

Our house came with covenants in the deeds stating the land couldn't be used to keep livestock so I'm not sure you're entirely correct above.

That's a private arrangement though, nothing to do with planning law.

 

[Stevegk]

As mentioned previously, I would have the officer provide his objections (and grounds for same) in writing and signed off.
I seriously doubt there is a legal leg to stand on

(And with appropriate redaction I'd love to see a copy posted on this thread)

 

[Wilco]

That's a private arrangement though, nothing to do with planning law.

The house was originally a council house. The council created the covenant in the deeds. Which appears to directly contradict the latter part of your first paragraph.

 

[pevanstone]

I've recently applied for and been permitted mixed use on agricultural land, so that my wife can keep horses. It's split 50/50, down the middle. Half is equestrian use and half is agricultural use.

The equestrian side will be used exclusively for the keeping of horses. This use also allows the horses to be given supplementary feed, be rugged for different weather conditions, groomed and ridden. The horses can be put on the agriculture side, but when on that side they may only graze. They can't be given supplementary feeds, rugged, groomed or ridden.

I'm planting an orchard on the agricultural side (growing of fruit per the permitted use of the land) and keeping my bees on that side (livestock and used in the production of food). We'll also cut hay from it.

We've been very careful in our plans to separate the two activities. The two will never meet or cross over.

I would seek expert advice on the issue.

This is strange.,ln the pandemic beekeeping was on of the few reserved occupations.l know beekeepers were turned back at Taunton but the bee inspector told me this was wrong.Beekeepers can live in agriculture tied housing.The bee farmers of South Molton keep fifteen hundred hives on agricultural land.

 

[jenkinsbrynmair]

,ln the pandemic beekeeping was on of the few reserved occupations

eh!?

 

[JamezF]

l know beekeepers were turned back at Taunton

To be fair, that's doing them a favour

James