Change of use for livery, local farmer exempt?

[dorsetladette]

But if you have sheep on the land you can put hay out for them

True. I have sheep, but only 2 (4 at time of complaint). But the criteria for a horse 'kept' on land is feeding, supplying hay and rugging. That is my understanding.

Understanding the difference between agricultural use and equestrian use and how to document a grazing arrangement. - Reading solicitors, corporate, property and family advice | Field Seymour Parkes

Laura Czapski, Legal Director in our Agriculture & Rural Land team considers planning considerations when grazing horses.

www.fsp-law.com

Here's the best explanation I've found.

 

[Pearlsasinger]

True. I have sheep, but only 2 (4 at time of complaint). But the criteria for a horse 'kept' on land is feeding, supplying hay and rugging. That is my understanding.

Understanding the difference between agricultural use and equestrian use and how to document a grazing arrangement. - Reading solicitors, corporate, property and family advice | Field Seymour Parkes

Laura Czapski, Legal Director in our Agriculture & Rural Land team considers planning considerations when grazing horses.

www.fsp-law.com

Here's the best explanation I've found.

Sorry I.meant OP has sheep on the land. The horses are incidental to the core business which is sheep. If I were in OP's position, I would put more sheep on the land, so that there is no question about that.

 

[Bob notacob]

My advice would be to do absolutely nothing and continue as normal. The local authority then have the option to serve a notice on you (or not. They are not obliged to pursue it if it is not expedient to them)
On service of a notice you can appeal. An appeal is also deemed as a planning application as well ,the good thing however is that it is free rather than having to pay for a planning application. All this will make the planners far more cautious as they start to run up bills themselves and the op is in no worse a position than if they apply. In fact, having applied for and been granted pp for an arena ,presumably with no conditions regarding the grazing I would say it strengthens the op,s argument. The arena is a red herring. The OP got planning consent as I understand it. There are plenty of further hoops the planners can be made to jump through and ultimately my guess is they will back off.
Under no circumstances try to reason with the planners, just inform them that you have been advised and consider your use does not require a change of use. Also keep ever letter invoice document EVERYTHING!

 

[SEL]

My land is defined as agricultural despite having PP granted for a stable block in 1999. When I bought it my solicitors recommended I apply for equestrian use whilst telling me off the record that unless I wanted an arena to just carry on and see if the council ever said anything. If they did then sort it out.

Quite like Bob's approach above in terms of wait and see.

 

[Santi]

My advice would be to do absolutely nothing and continue as normal. The local authority then have the option to serve a notice on you (or not. They are not obliged to pursue it if it is not expedient to them)
On service of a notice you can appeal. An appeal is also deemed as a planning application as well ,the good thing however is that it is free rather than having to pay for a planning application. All this will make the planners far more cautious as they start to run up bills themselves and the op is in no worse a position than if they apply. In fact, having applied for and been granted pp for an arena ,presumably with no conditions regarding the grazing I would say it strengthens the op,s argument. The arena is a red herring. The OP got planning consent as I understand it. There are plenty of further hoops the planners can be made to jump through and ultimately my guess is they will back off.
Under no circumstances try to reason with the planners, just inform them that you have been advised and consider your use does not require a change of use. Also keep ever letter invoice document EVERYTHING!

I'm still not entirely sure why having the land, or part of it, changed to equestrian is so terrible? I get that each situation is different but, I own the field, so IHT isn't a problem. The land is not good, and it's definitely worth more here as equestrian than it is as agricultural. I'll only go for change of use on half of it - so I can retain enough as ag to hold onto the 5 hectare minimum for ag permitted development. That seems to get me the best of both options and no further hassle from planners about rugged horses.
I don't want to up my sheep numbers again, the maths is terrible, you really need several hundred sheep to make them profitable and I don't have enough land (or time) for that. The core business really isn't sheep, even with the CS and BFP, the liveries pay better.
Am I missing something?
Interesting that an appeal counts as an application and is free!

 

[Pearlsasinger]

I would ask your accountant's advice before you make any decision. Or ask the NFU for their advice.