The Tenant Farmers Association (TFA) has urged the Prime Minister, Rishi Sunak to lend his support to tenant farmers, Mr Rob and Mrs Emma Sturdy, and reject a proposal to install a solar farm and battery energy storage system on a 52.86 hectares of farm land at Old Malton, North Yorkshire.
In addition, the TFA has also written to every member of the North Yorkshire Strategic Planning Committee urging them to acknowledge the widespread concerns that have been expressed about this development and vote against the proposed application, submitted by the Fitzwilliam Trust Corporation.
The TFA has been in close consultation with the Sturdy’s, who hold an agricultural tenancy over Eden Farm, within which 44.52 hectares of the 52.86 hectares of land earmarked for this development sits. This represents just under half of the land subject to their agricultural tenancy.
TFA Chief Executive, George Dunn, said “It would be a travesty if this application was allowed to succeed. Acceptance of this application would go against current public policy on food security, maintaining best and most versatile agricultural land, improving landscape and biodiversity, and protecting the resilience of the tenanted sector of agriculture.”
The Sturdy’s, who are TFA members, have farmed at Eden Farm for over 30 years. Their tenancy is regulated under the terms of the Agricultural Holdings Act 1986. This gives them lifetime security and the right to pass on their tenancy to two further generations. One succession of tenancy has already occurred and a further opportunity for succession remains available.
“Notwithstanding the security of tenure referred to above and the legitimate expectation that Mr and Mrs Sturdy would have had to enjoy that security into the future, should the Fitzwilliam Trust Corporation prove successful in its attempt to gain planning consent for change of use under this application, Mr and Mrs Sturdy would face an incontestable notice to quit of the land subject to their tenancy,” said Mr Dunn.
“Long standing industry approved guidance exists for how landlords should consult with tenants in circumstances where the landlord desires to seek consent for change of use. This has not been followed in this case. That failure represents a breach of what would be considered good practice in its conduct of negotiations with the tenant,” said Mr Dunn.
“It is clear, as landlords, the Fitzwilliam Trust Corporation has not taken sufficient concern to ensure that the personal circumstances, hardship and difficulties of the Sturdy’s have been addressed. This failure is not just one of process, but it is a material consideration that must be addressed by the local authority,” said Mr Dunn.
The North Yorkshire Strategic Planning Committee will consider the application at its meeting on the 10 October. The Planning Officer has recommended approval.
-Ends-
Ref: MR23/09
Date: 03 October 2023
Notes for Editors:
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