Change of use from agricultural to equestrian

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flowerhorse

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Hi, I am looking for advice please! I am currently renting, and in the process of buying, a 2 acre field that adjoins our property. We started renting it about a year ago and put up two mobile stables and a field shelter also. None of this we obtained planning for as we believed that by law we didn't have to. The council are now asking us to apply for change of use from agricultural to equestrian and to also put in the planning retrospectively for the stables and field shelter. This we are happy to do however we are just about to exchange contracts (and money!) on the purchase of the land and now I am panicking that if we don't get the planning the land will not be worth what we paid for it as agricultural land is worth less. Do we take the risk and go ahead or wait a bit and risk loosing the land? The cattle has always been a grass field and as far as I know was used for cattle although horses have grazed it in the past.

Does anyone have any advice please? How easy is it to get change of use?
 
If you don't currently own it then it is not yours to change the category! Get it stipulated as a condition of the sale that the current owners get the status changed
 
I have got change of use from Agricultural to Equestrian on a number of occasions.
I would suggest that you find a local surveyer that has a good relationship with the local planners and instruct them to apply for the planning permission.
 
PeterNatt said:
I am afraid that 'Amage' is mistaken. Anyone can apply for planning permission even if they do not own the property or have an interest in it.
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Well over here we were told that while we could apply for planning permission we could not apply for change of use!
 
amage said:
If you don't currently own it then it is not yours to change the category! Get it stipulated as a condition of the sale that the current owners get the status changed
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This is not actually true, anyone can apply for planning permission for land/a building whether you own it or not.

You need to speak to the planners to ascertain if possible the prospects of success of your application. If you can hold off from exchange until the change of use has gone through then you should do so rather than take the risk. If you didnt get the change you could still graze your horses as this still comes under agricultural grazing but you would have to remove the stables and field shelter and you cant school your horses on the land or put up jumps etc.
 
I strongly suggest you get professional advice from a lawyer qualified in agricultural law or from a land agent who is a qualified chartered surveyor (ARICS or FRICS).

Have a look at this link:

http://www.horseandhound.co.uk/news/397/85905.html

Also, it is my understanding that anyone can apply for planning permission for land, the applicant need not be the owner -- but then I'm not a lawyer!

Do not commit yourself to anything without professional advice.
 
Our land attached to our house was 'agricultural' and had 2 barns on it, which we converted to internal stabling with no permission required. We did however want to build a manege and for that we had to change to 'equestrian' use. At the time (around 9 years ago) it cost us £110 to 'change use' and then the planning fee for the proposed manege - all of which were approved.
We had no problem with the conversion and I am surprised that you would need permission for the stables and field shelter if they are mobile? We have some further land we have purchased which we have not changed use to equestrian and we have mobile shelters and stables on that. I expect at worst to at some time be requested to change the use to equestrian, but I would contest any request to get planning for my mobile buildings.
 
Dry Rot said:
I strongly suggest you get professional advice from a lawyer qualified in agricultural law or from a land agent who is a qualified chartered surveyor (ARICS or FRICS).

Have a look at this link:

http://www.horseandhound.co.uk/news/397/85905.html

Also, it is my understanding that anyone can apply for planning permission for land, the applicant need not be the owner -- but then I'm not a lawyer!

Do not commit yourself to anything without professional advice.
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Just to clarify it should be MRICS or FRICS, I think they changed the associate to member about 10 years ago (around the time I qualified, but general practice not rural I'm afraid!) As others have said speak to a professional, you may have to spend a bit on their fees but it will be well worth it. The local planning department may be able to provide some advice on the likelihood on actually getting the change of use consent. There may be info on their website on what type of buildings actually need planning consent.
 
Thank you everyone for your advice. I have actually put in a pre planning application form for the necessary planning so that we can be advise as to whether we are likely to be granted permission or not. Unfortunately this could take another month or so and the sellers don't really want to wait that long. I think you are right, I'll contact a lawyer. Cheers guys.
 
I've bought a field & applied to change use to equestrian for the barn only & keep the land for grazing but our planners are seriously anti equestrian - stated we degrade the landscape & rejected the application. I'm using professionals & still getting the run around. Good luck & if anyone can give me any pointers they'd be much appreciated!:mad::rolleyes::confused:
 
I bought agricultural land put up stables etc and applied restrospectively - its normally not a problem unless you are in AONB (Area outstanding natural beauty) or right on top of a hill that can be seen for miles around.

Double check but fairly sure that you have the right to put up stables within a certain distance of your House without planning so this may be an option if you cant get change of use.

Without change of use to equestrian you can still graze your horses on the land but cannot ride on it etc - you are ok under agricultural if your horses get their grazing from it but you do nothing else with it (you can also cut for hay etc of course)

Land next to house is like gold dust so I would buy anyway and if have to put stables by house

Good luck x
 
MadHatter said:
I've bought a field & applied to change use to equestrian for the barn only & keep the land for grazing but our planners are seriously anti equestrian - stated we degrade the landscape & rejected the application. I'm using professionals & still getting the run around. Good luck & if anyone can give me any pointers they'd be much appreciated!:mad::rolleyes::confused:
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Agree with Meesha on the legals. Worst case scenario here is that you have to put some mobile stables within the legal curtilage of your domestic property (which requires no PP so they cant stop it, and then use the land for grazing. I understand that altho horses are not agricultural, them just grazing (no shelters no jumps no riding on the land, just grazing) is considered agricultural use. So if you can skirt round the stables issue they may realise they are onto a loser and let you have the CofU for the barn.

If they are still s&*^y with you, get one more sheep than you have horses (et the relevant registration numbers for the land and the herd first from DEFRA and local Animal Health)and the horses should be incidental to the agricultural use of the land. Plus you get yummy lamb chops and the grazing is fertilised and the worm cycle broken. Again with the barn, if the sheep are the main users (lambing, winter etc) and the horses secondary, it's agricultural......

IMO it is unreasonable of them to say that horse grazing automatically 'degrades' land. It depends entirely on how it is managed as land and the stocking rate, poo picking, topping of the ground etc.
I reckon you have a good chance to fight this one but hope the suggestions above are useful.....
 
:D;):) I won my appeal. Thankfully the Planning Inspectorate were truly independant & leant no credance at all to the objections raised by the local planning & landscape officers.

From my experience & observation of other's experiences in my area the planning team locally will treat you with complete contempt if you try to go it alone. I would definitely advise that you engage a respected professional as the council can't then play you & bleed you financially. It's taken me 18 months & a few £'000 but it's definitely worth it now.:mad:

Good luck to all you other hopeful land (and more importantly stable/barn) owners.;)
 
meesha said:
I bought agricultural land put up stables etc and applied restrospectively - its normally not a problem unless you are in AONB (Area outstanding natural beauty) or right on top of a hill that can be seen for miles around.

Double check but fairly sure that you have the right to put up stables within a certain distance of your House without planning so this may be an option if you cant get change of use.

Without change of use to equestrian you can still graze your horses on the land but cannot ride on it etc - you are ok under agricultural if your horses get their grazing from it but you do nothing else with it (you can also cut for hay etc of course)

Land next to house is like gold dust so I would buy anyway and if have to put stables by house

Good luck x
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I agree with this too...if the land is next to your house its only worth what you are willing to pay for it. Agricultural land can be cheaper if you are buying huge quantities of it but again it depends what area. But small paddocks can easily fetch £10-15k per acre if its a small paddock. Re agricultural use stick some chickens on it or food producing animal and you wouldnt have a problem. I personally would still buy it especially if the council have told you to get retrospective planning and it sounds like change of use probably is possible. I am in similar and if it ever gets raised I will stick a some agricultural animal on it. Plus the horses as well. Good luck.
 
Really glad you won!

Just out of interest, someone quite clued up told me that there is no inheritance tax on agricultural land. Does anyone know if this is true, and if so does it also apply to equestrian land too?
 
Honey08 said:
Really glad you won!

Just out of interest, someone quite clued up told me that there is no inheritance tax on agricultural land. Does anyone know if this is true, and if so does it also apply to equestrian land too?
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There is agricultural relief from IHT but it only applies to the agricultural value of the property. Unfortunately the revenue's definition of agriculture does not extend to equestrian use.
 
also bear in mind if the farmer is currently claiming subsidies on the land then if the land changes from being agric to another use class I imagine subsidies will cease for the new owner. Make sure the farmer isnt still claiming them after you buy it....it can happen....!
 
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