THE Tenant Farmers' Association is bitterly disappointed by a Court of Appeal ruling preventing one of its members from operating an open farm.

Robert and Elaine Jewell, of St Augustine's Farm in Gloucestershire, had developed a successful venture which had attracted thousands of school children and families since opening in 1988.

All this ceased when the Jewells' landlord served a formal notice that they were in breach of their tenancy agreement, which permitted only agricultural activities on the holding.

Although an application to the County Court overturned the landlord's notice, upon appeal the higher court upheld the case of the landlord.

George Dunn, the TFA chief executive said: "This ruling is a bitter blow to the Jewells and to tenants everywhere.

"It underlines that tenancy legislation is out of step with public policy which is encouraging farmers to diversify beyond traditional agriculture.

"The TFA has been arguing for some time that the definition of agriculture within agricultural tenancy legislation should be updated to allow tenants to take part in these ancillary activities but up until now the Government has resisted change."

He said the recent report by Sir Don Curry's Policy Commission on Farming and Food recommended Government should reconsider the definition of agriculture to allow farm tenants greater freedom in enterprise choice.

"The current definition of agriculture used within tenancy legislation was drafted back in the 1940s. We need a definition more in keeping with today's needs, aspirations and, more importantly, public policy."

l Mr Dunn is visiting North Yorkshire on Monday and will address a TFA meeting at the Riverdale Bowls Club, Malton, at 7.30.