A FARMER is stepping up his battle against a council.

Len Webster is being threatened with prosecution by Hambleton District Council for allegedly being in breach of a planning condition allowing him to live in a house built in the countryside - only if his main income is from agriculture.

The council is concerned that Mr Webster has been earning more from offering bed and breakfast at his farmhouse than he was from farming

The farmer, from Great Busby near Stokesley, has now officially applied to have the restriction lifted, while also appealing against a previous council decision not to lift the condition.

With there being no money in agriculture and foot-and-mouth drastically reducing his bed and breakfast business, he says his only option, should the council persist with enforcement action, would be to register as unemployed.

He said: "I cannot make a living from agriculture, while there is no work locally, so all I would be able to do would be to register as unemployed which would, technically, still be in breach of the condition.''

The farmer who, ironically, has sold off much of his machinery and implements to pay for legal advice, said yesterday: "If they (council) want to take me to court; fine. It has got to the stage where I am not bothered what they do. Let the magistrates decide and have it out in full public scrutiny. Someone, somewhere has to show common sense on this.''

He is making his application to have the occupancy condition lifted, submitting the independent consultants' report as evidence for lifting the condition.

The council has said it will consider all evidence, but that it is up to Mr Webster to make the next move.