A FARMER is to use anti-slavery legislation to take his local authority to court over a six-year planning wrangle.

Farmer Len Webster says he intends taking Hambleton District Council to the European Court of Human Rights, because of a row in which he claims the authority is forcing him back to the land.

Forcing him to concentrate on loss-making farming would be a breach of Article Four of the European Bill of Human Rights, that "no one shall be required to perform forced or compulsory labour".

The council claims Mr Webster is in breach of a planning condition imposed when he won his appeal to build his house in open countryside near Stokesley, North Yorkshire.

That condition was that the person living in the property - Chestnut Farm - should be employed solely or mainly in agriculture.

Back in 1995 when the crisis in farming began to bite, Mr Webster's farm made a loss and, along with his wife Judith, the couple decided to begin a bed and breakfast operation

They decided to try to sell the farm in 1998, but potential buyers were only interested in continuing the developing B and B business.

Mr Webster subsequently applied to have the agricultural occupancy condition lifted, but the application was rejected and the council won the support of a planning appeals inspector.

The authority says that while it has a "flexible" approach to the running of the bed and breakfast, the sideline has now turned into Mr Webster's main source of income.

That, it says, is enough to put the family in breach of the planning conditions, and it plans to take enforcement action.

Steve Quatermain, the council's planning and environment director said: "What he has not demonstrated is that he has explored other avenues to maintain his occupation in agriculture.

"Until he does so, the authority will legitimately pursue its policy of controlling this sort of development. If we were to willy nilly remove the agricultural occupancy condition from houses we would see, to the detriment of the countryside, housing springing up all over the place."

Mr Webster, who used to run a flock of 160 ewes, said: "All I am doing is endeavouring to make an honest living; to feed my children, put clothes on their back and pay my bills.

"I think the actions of the council are morally indefensible. My wife now suffers from shingles and my youngest daughter is frightened that her parents are going to go to prison.