Reason for NOT listing
Google Earth images and samples of the licence documentation (all provided by the owners solicitors) along with the council¿s own aerial photography which includes images taken at intervals over the past 20 years, showed the distinction between the allotment plots and the larger portions of the land which have been used for commercial agricultural purposes. It is clear that the land forming the majority of the land listed by the council as an ACV, does not meet the ¿present test¿ criteria in s88(1)(a) of the Localism Act 2011, as any use of that land by the community would be ancillary to its primary agricultural use.
