Feeding horses in field = breaking the law = Change of use of land?

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montalcino

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I own 9 acres of land with a total of 6 horses kept on it, they are turned out all year round as the local planning authority refuse to grant planning permission for stabling, therefore in winter I have to feed haylage and hard feed to sustain them through the months of little grass.

I have been told by my local planning department that whilst grazing the horses is classed as agricultural, anu supplementary feeding means it is no longer classed as agricultural. The land has a restriction that means it can only be used for 'agricultural, equestrian or horticultural use', I have been told I will have to apply for 'change of use' if I continue toe feed the horses, but despite contacting them several times they will not tell me what the use would actually be changed to, I have a feeling there are 2 variations of land use if there are horses, one is equestrian and one is stabling. I cannot get a definition of what an 'equestrian use' exactly covers.

They have told me outright that I can apply for a change of use, but they will turn it down. So I have this land that the council are determined to make useless to me, I have contacted animal welfare charities about this and they said although they sympathise, they cannot do anything until my horses are actually starving and suffering before they can do anything, but this would be action against me for animal cruelty!

Has anyone else come across this situation where they have been told they are breaking the law by feeding their horses in the field?

I would be grateful for any help or advice on this matter as I am at my wits end.

Thanks in advance :)
 
What an annoying situation!

Sounds somewhat 'jobsworth' to me but there are several things you could do, without mentioning putting a caravan on there, calling it your home and declaring it you human right! But we wont go there eh?

Anyway - I woudl simply escalate this in writing, asking for clarification and stating purchase date of field, type of land, referencing any deeds you have and send it recorded to a named person at the council. Then simply refuse to accept the premise of their argument.

i.e you are not 'feeding your horses you are simply throwing grain on the floor. There are no restrictions on chucking grass around a field and if your horses happen to eat them, so what.

Keep it simple and just go up the hierarchy until you get the answer you want from someone who isnt quite as unable to use reason.

Councils have to usew by laws and precendent themselves so ask them for evidence and rationale each time and then ask for the name of their direct management department/person and keep going.

HTH



Dont get caught in details though. Just state the situation and
 
I would ignore it to be honest - god knows what prat has decided to give you this type of hassle. I would ask them what they think farmers do with their sheep and cattle - do they think farmers do not feed them out in fields? Therefore what are they classing that as? Unless they can prove to you otherwise how feeding horses differs from feeding sheep and cattle then i wold just ignore them they are talking rubbish!

Plus, if they can't even provide you with a definition of what equestrian use means then they have no clue what they are doing.

What area of Yorkshire are you in and which council is it? I have never heard of such tripe to be honest.
 
Talk to the BHS legal department, they are very helpful. Also if you have equestrian use as well as agriculture, surely this covers feeding them. Plus cattle that live out are fed, so what is the difference?
 
ladyt25 said:
I would ignore it to be honest - god knows what prat has decided to give you this type of hassle. I would ask them what they think farmers do with their sheep and cattle - do they think farmers do not feed them out in fields? Therefore what are they classing that as? Unless they can prove to you otherwise how feeding horses differs from feeding sheep and cattle then i wold just ignore them they are talking rubbish!

Plus, if they can't even provide you with a definition of what equestrian use means then they have no clue what they are doing.

What area of Yorkshire are you in and which council is it? I have never heard of such tripe to be honest.
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^^^^^^^^^^^^^^^

I agree with this too
 
 Just use a paddock to graze horses in, then this is an agricultural use. (If you erect jumps, ride, additionally feed then the use of that paddock is regarded as an equestrian use.)
Found this online, if your land already has permission for equestrian use then it would seem the council are in the wrong.
 
Poor you, this is absolute rubbish. Sheep are supplemented at this time of year, what on earth do they think sheep troughs are for???
And looking out my window now I can see 3 fields with cows in, all of which have bales of hayledge/silage in. The council is wrong, phone them up and tell them that. They don't have a clue what they are doing and what the law is (most possibly), and echo, the BHS will be helpful too.
 
The fact that cows are fed in the field is irrelevent legally (altho not logical!) because they have the right planning permission to use the field in any way.

Agricultural land cant be used for feeding horses without changing it to equestrian, this is specifically made clear in the law, only grazing is allowed. Some National park areas get heavy about this, cos they dislike the effect horses have on the land and the paraphernalia that goes with them.

BUT........... if your planning permission actually includes equestrian usage as well as agricultural then I really do not know where they are coming from!

Do not ignore it, get onto BHS legal or a planning lawyer pronto.
 
Kat said:
Consult a specialist planning lawyer, do not ignore things, it could make matters worse.
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I bought a field and thought it was amenity land but I do think its agricultural and I understand horses are not livestock..although correct me if I am wrong when they die they get classed as fallen livestock? I asked about taking hay water and was told NO too. Mind you I carried on and its never been an issue. The only thing i had thought of doing was sticking a few sheep in as then its ok. I would do the sheep thing if it came to it.

However the council seem short of money these days so like to raise money etc every step of the way, they even charge for advice now if you try go and run something past them(in our area its £50 to say hello) and refer you to the national website.

It would be good to speak to a solicitor who deals with agriculture/planning issues and it would be interesting to know how long you have used the land for horses too? I can see why agricultural land would be protected as if all agricultural land was converted to equines food production needs to be protected.But odd patches of land are probably more trouble to use for agriculture for most farmers, horses do generate income for them. The council are jobs worth and my experience of ringing them is that I wouldnt believe what they tell you, most are not solicitors and seem to make it up as they go along. I was told to carry on by a solicitor, I guess there are lots of people like us too, tip of iceberg!
 
We bought 9 acres classified as agricultural and equestrian and the council couldn,t have been more helpful.They have helped with the design of field shelters and never mentioned feeding or jumping..we do both..I would try and have a meeting with whoever deals with it and get them to come out and do a visit and see what they recommend
 
I'd definately consult a lawyer and find out the rules on this subject. It sounds as though the council are being jobsworth and picky. What has made them start on this? Has someone complained? Then once you know more about the rules, I find that if you come back at them with a bit of back up (law) they often change their stance. I've never had any problems with the council over land use thankfully. Good luck.
 
I would ignore it and keep feeding the horses. If anyone says anything say you haven't a clue where the feed came from. Must be someone feeding them as they felt sorry for them. :confused:
 
Just imagining some sad 'jobsworth' thinking up these ridiculous laws >:( Echo other posters - phone BHS legal dept, they are very helpful.
 
How long have you been keeping and feeding horses on the land? If more than four years, I thought that you could get retrospective planning permission in view of the fact that it has been used that way for an extended period.

I think someone at the council has a problem with horse owners for some reason.
 
Miss L Toe said:
Knowing the L.A. I would let it drop, they don't take action unless forced to work.
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Spot on, government cuts have decimated staffing levels at local Council's.
They don't have the staff to respond to relevant issues, let alone a load of crap like you are worrying about.

A pet sheep is a good idea, I keep a few pet cows and that ensures the yard remains agricultural.

Try not to worry, you can't stop feeding your stock anyway. Your local rag would love a front cover story - 'Council is making me starve my pets' ! - joking, don't do it - yet.
 
Never heard such nonsense.

Can you really imagine the furore and media attention created if your horses were confiscated by the RSPCA for malnutrition because the council wouldn't let you feed them correctly. It would be too ridiculous for them to challenge and a waste money defending.

My view is that if they let you have horses on the land at all they have to let you feed them correctly to ensure their health and wellbeing.
 
You do not have to accept what your council says, and nor do you have to accept that their word is law. You must consult a planning consultant and make your application for change of use. When and IF it it denied, then you must go to appeal. It does not cost anything to go to appeal and you have a very good change of winning.

I was bullied by my local council over a planning issue, they tried to tell me I would not win an appeal, they even tried to give me false information about how to appeal. In fact I filled in the forms myself, and sent them off and the planning inspector came down and I won my case.

Councils do not want to get into extra litigation these days, they probably won't even fight you, if you go to appeal.

You have NOTHING to lose. Get the paperwork and apply.
 
technically,it you buy food in for the horses you are supposed to have change of use to equestrian.
agricultural status gives you more rights over erecting building and tracks etc.

i do not understand why you would not be allowed stables/equ use because the council have more power over you if you did.

another reason may be if you are in an area of outstanding beauty,then there are different laws.
if you do not want to dig too deep with your local council can you not phone your neighbouring one and try to get some info?

to read up about it see `town and country planning act`

edited to say /\ /\ agree with bigred above.
 
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Bloody ridiculous! What a bunch of time wasting piss takers. This makes me very angry on your behalf.

It's WELFARE to feed them. Throw them the 5 freedoms act. If you stopped they'd become neglected and underweight. Utterly stupid, foolish idiot people.

Could they have their eye on the land for a road or something hoping to push you off?
 
What a load of Lamb chops!

We have horses on land classed as purely Agricultural. However, we also graze sheep on the land - so I guess we are saved :rolleyes:

I hay and give hard feed to my horses in the fields.

I cannot believe that the Council would pursue this - I am absolutely gobsmacked that they would deny the horses the food they need to stay healthy. That would make them a welfare case through no fault of yours.

Bloody jobsworths...

It makes me mad when you get senarios like the travellers who bought up 6 acres of land in a nearby village and promptly put up a massive chalet/house and have lived there now for 7 years. The council have done nothing despite the fact that they have illegally erected a residential dwelling and stuck 2 fingers up to the planning laws. :mad::mad::eek:

I wish you well.
 
montalcino said:
I have been told by my local planning department that whilst grazing the horses is classed as agricultural, any supplementary feeding means it is no longer classed as agricultural. The land has a restriction that means it can only be used for 'agricultural, equestrian or horticultural use', I have been told I will have to apply for 'change of use' if I continue to feed the horses, but despite contacting them several times they will not tell me what the use would actually be changed to, I have a feeling there are 2 variations of land use if there are horses, one is equestrian and one is stabling. I cannot get a definition of what an 'equestrian use' exactly covers.
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I am not entirely sure what classification your field currently has. Is it just agricultural ATM? Or Equestrian Use, excluding Stabling?

If it's just Agricultural ATM, than I assume your council would want you to upgrade to Equestrian without Stabling. Since horses are already on there and have been for a while, I cannot see why the council would object to the change - providing it's without Stabling. Duh, seems a no-brainer to me but then again YOU ARE DEALING WITH COUNCIL BUREAUCRATS. :rolleyes:

PS: On the bright side, I agree that councils are hard pushed for basic funding ATM. I doubt it would be viable for them to pursue a case against you and, even if they did, bring it on! Like others have said, the local newspapers would have a field day.
 
If it comes to it, the sheep idea is a good one. They would be very good for the land too - both the grass quality and the worm burden. Make sure you have at least one more sheep than you have horses so the horses are 'incidental' to the use of the land, and then the hay feeding is for the sheep, not your fault if the horses steal it. It would also enable you to put up a field shelter 'for the sheep'...

To get the sheep you just need a CPH holding number which you can get easily from animal health dept of council and a sheep flock number, ditto.
 
My friend had same problem, 5 horses out in the field - was told she cannot feed or ride/jump in the field.. she applied for equestrian use (i think) and didn't get it.. so she's just chosen to ignore them now, her husband did send a rather funny letter stating that if they had to apply for equestrian use, they'd also apply for a tennis court, swimming pool, stables, tree house, annexe, sand school, X country course - you name it.. funny enough - there was no responce to this letter and they've had no trouble since. :p
 
It does sound odd, if equestrian use is granted!
However to those who are saying that the council denying feeding in the field would lead to welfare issues, no it would not, logically it would lead the OP to move her horses. My guess is that should this become a welfare issue, that this would be the recomended out come by the welfare bodies.
 
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