Land Use & Planning

[SarahW88]

Hi all,

We've recently purchased 1.2 acres of grass land for our horse and pony. We're unsure on the specified use of the land, whether it's agricultural or includes equestrian.

We've contacted the council and they're unable to tell from their records, they said:

"I confirm that I have searched the land, there no previous planning history of the land, and we are unable to establish from our records that it is agricultural land"



The land is in a conservation area, but outside of the main village. It is surrounded by trees and fencing. On one side is the main road into our village, approx 10-15m away from the fence. On the other side there's a steep drop and a motorway. On one end is a separate wooded area and the other end is a small side road to a private estate.

Our access to the land is via a small track and gate off the side road.

If we were to put something on the land, it wouldn't be visible to anyone during the summer as the trees / hedge block the view. In winter when the tress lose their leaves, horses / stables could be seen if they were placed along the road side boundary.

The council planning dept went on to say the following:

"
the use of the land should be agricultural – ie it is agricultural land that’s never had a Certificate of Proposed Lawful Use;
- the grazing of horses is an agricultural use of land;
- so if the horses are legitimately grazing the land there is no change of use of the land and this does not need permission;
- however, the grazing of horses means literally turning them out onto the field and not supporting them in any other way (eg feed, rugs) and also not riding the horses. If any of these activities are carried out then this is likely to be considered the ‘keeping of horses’ which is not an agricultural use of land, and thus there will be a material change of use that requires an application;
- the provision of a mobile field shelter would not in and of itself suggest a material change of use, but the other identified activities would.

Shelter
- if the shelter is truly mobile (ie it does not remain in the same place for an extended period of time) and it is being used in association with the agricultural use of the land (grazing) then I think we would not consider it development. Although this is difficult to say definitively in the absence of details.
- If the shelter is to be fixed, or is not to move, or is being used in association with the keeping of horses, then pp is required.
"



We wouldn't necessarily want to build anything permanent on the land, we were looking to add a mobile stable on skids to support 2 horses with a small store and tack room.

So my questions to anyone that has had any similar experiences are:
1. The council imply we need change of use if we want to put horses on there even with a rug in winter. Is it likely to be difficult to obtain this permission?
2. Are there any size restrictions on mobile stables / shelters? If the land is agricultural, there are implied planning permissions I believe, as long as the buildings are meant for the rearing of livestock. We could consider putting sheep on there and forming a barn type structure?
3. If we do obtain change of use to class D2, including leisure for equestrian, will we end up with a valuation for business rates on the land?

 

[lamlyn2012]

I think the issue here is that the land is in a conservation area so the council will be very careful in what they allow.
The land would have to be very well drained to support one pony, one horse plus sheep in the winter.
You really need to speak to your council to get definitive answers.
I do know that locally horses were moved off land next to a AONB because it was allowed to become so untidy.

 

[rabatsa]

You need to have a minimum of 5 hectares before land is eligible for prior approval planning for a barn ect.

 

[The Fuzzy Furry]

I'm suprised this wasnt clarified before you completed on it as it makes rather a difference as you have now found out, and now attention has been drawn to the site by council who might well keep an eye on it now.
1. It can be, very much depends on the individual council
2. I dont think so, but it's a very small acreage so anything bigger than a double shelter is very likely to be scrutinised. Not enough acreage to support sheep for more than a very short time.
3. Ask your solicitor and the council as differs round the country.

 

[SarahW88]

I think the issue here is that the land is in a conservation area so the council will be very careful in what they allow.
The land would have to be very well drained to support one pony, one horse plus sheep in the winter.
You really need to speak to your council to get definitive answers.
I do know that locally horses were moved off land next to a AONB because it was allowed to become so untidy.

Thank you, the council are no help at all, very vague and even admitted to being so, I think to avoid giving us any incorrect advice.

You need to have a minimum of 5 hectares before land is eligible for prior approval planning for a barn ect.

OK thank you, useful to know.

I'm suprised this wasnt clarified before you completed on it as it makes rather a difference as you have now found out, and now attention has been drawn to the site by council who might well keep an eye on it now.
1. It can be, very much depends on the individual council
2. I dont think so, but it's a very small acreage so anything bigger than a double shelter is very likely to be scrutinised. Not enough acreage to support sheep for more than a very short time.
3. Ask your solicitor and the council as differs round the country.

Thank you. We're probably going to put 2 smaller mobile shelters or stables on there, without the sheep. We will aim to keep it very tidy. Currently the grass is almost head height in the field and it hasn't been cut for a long time. We'd keep it tidy and maintained at least.
We will be able to move them around fairly easily, and there are plenty of places on the field with excellent cover from trees and bushes, not visible from any houses or roads.

I guess our problems would arise if a local counsellor happened to walk by on the public footpath that runs down the back of the field. They may see and report something.