In the case, a registered farmer contested the decision of his local council to reject his planning application for an agricultural building measuring 65m2 and an adjacent house for himself.
The land proposed for the construction was located in the village of Rougiers, in the department of Provence-Alpes-Côte d’Azur, on land designated for agricultural use.
The local plan (POS) stated that: 'the following occupations and uses of the land are permitted:
a) farm buildings intended for the housing of crops, animals and agricultural equipment as defined in the appendix.....
b) construction for housing purposes directly linked to and necessary for the activity of the agricultural holding as defined in the appendix... '
In order to verify that the proposed dwelling was necessary for an agricultural activity, under planning law the local council is required to ensure the reality of the operation, characterised by the effective exercise of an activity of sufficient substance.
It also requires that the continuous on-site presence of the farmer is necessary.
The applicant had been a registered farmer for several years, but this was a new activity.
In defence of their decision to refuse planning consent, the local council stated that the proposed activity was of a subsistence level, not development of a professional activity that could justify new construction.
The estimated income that the farmer hoped to gain from the activity was €3,000 net a year.
The court upheld the decision of the local council.
Related Reading:
