A FARMER who was prosecuted for not spending enough time farming, has had the case against him dropped.

Len Webster, who runs a bed and breakfast business and farms at Chestnut Farm, near Stokesley, North Yorkshire, was being penalised by Hambleton District Council for breaking an agriculture occupancy condition on his house.

The farmer, who gained planning permission for his house at Great Busby ten years ago, on the condition that the occupant was mainly employed in farming, said he had set up the bed and breakfast business to help him through the flagging fortunes of the agricultural industry.

He decided to take in guests in 1995 after the farm suffered major losses.

But the council said Mr Webster had told them the three-room B and B was his main source of income, leaving the authority no alternative but to send him a breach of condition notice in October 2000, followed by a prosecution.

Mr Webster said: "I am very pleased that the case has been withdrawn."

He said he had received a lot of sympathy from the local community, and the support of the National Farmers' Union (NFU) regionally and nationally.

"The farming industry has changed so much in the past five to ten years, and central Government needs to start addressing the issues surrounding occupancy conditions - perhaps making them for just a matter of years, rather than a permanent fixture on a property," he said.

The case, which was withdrawn by the council yesterday at Richmond Magistrates' Court, has cost Hambleton taxpayers thousands of pounds.

The NFU has backed Mr Webster, saying that the local authority's rules are in conflict with the views of central Government, which is encouraging farmers to diversify and supplement their incomes.

Michael Paske, vice-president of the NFU, said: "We are pleased to see that the council has decided to withdraw this case against a farmer, who appears to have done nothing more than try to diversify to survive in what are extremely hard times."

It is believed the prosecution is the first of its kind in the area.

Mr Webster's solicitor, Simon Catterall, of Jacksons Solicitors in Stockton, said: "Agriculture is changing fast. Local authorities such as Hambleton should be encouraging diversification and not standing in the way.

"Whilst we accept they sometimes have a difficult job to do, these proceedings were just not warranted."

Martyn Richards, head of the council's legal services, said that it had acted in accordance with national guidelines when it prosecuted