The removal of surface soil from agricultural land1 with a view to the sale of the soil is an offence2 if the removal constitutes development3 and is carried out without planning permission4 and if the amount of soil so removed in any period of three months exceeds five cubic yards5. This does not apply to the cutting of peat or to the removal of so much surface soil as is reasonably necessary in the course of cutting turf6. It is a defence to show
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