One of the most common queries we have is whether horses need planning permission, so what are the key considerations?
The way in which horses are both used and cared for has the potential to change the use and the character of the land within the locality compared to, for example, agricultural land uses. This is why some equestrian uses require planning permission and others do not. Whether planning permission is required for proposed changes depends on the lawful use of the land which will often be either agricultural or equestrian.
Typically, unless permission has been clearly granted for an alternative use, land within the countryside is classed as agricultural. Where horses are mainly grazed, in a similar way to livestock, the agricultural use and agricultural character of the land is retained. These horses (generally not supplementary fed) are generally considered to be grazing the land (living off the land), and with no change of use, planning permission is not usually required. This is typically more associated with low intensity use of grassland.
However, the greater the number of horses within a given area (i.e. more intensive grazing ratios) the more likelihood there is of negatively affecting the landscape and/or its functions. This can be as a result of subdivision, creation of paddocks, land chopping up/puddling and intensive grazing changing the appearance compared to grazing of livestock. Horses are then living on the land not off it.
Intensively kept horses that are given supplementary feed as their main food source (compared to living off grass via grazing) and/or are regularly ridden on the land, may mean that the land is no longer in an agricultural use, but this does need to be assessed on an individual case by case basis. There is case law to consider in the context of such an assessment but, as a basic rule of thumb, more intense equestrian activities and/or development (and associated paraphernalia and/or activity on site) would likely be considered change both the use and character of the land. Such changes would likely require planning permission for change of use to equestrian.
Equestrian land uses are not defined in planning legislation, however case law has established different horse ‘types’ generally accepted in planning terms. Grazing and working (agricultural) horses can come under the definition of agriculture but recreational equestrian, commercial and riding schools etc. do clearly fall outside the scope of agriculture.
Generally speaking, providing the land has an existing agricultural/grazing use, the provision of moveable field shelters does not require planning permission where: a) they are on skids and not on permanent hardstanding or a concrete base or surround, and are easily moved and; b) they do not remain in the same place permanently and; c) the shelters also allow horses free access in and out (no doors or barriers) and; d) they have no water or electricity connections.
There is no definition of ‘move’, but the structure should be relocated to a wholly different position – we have seen Councils be inconsistent with approach in relation to such matters so care must be taken (and have even seen Councils request videos showing shelters being moved to demonstrate their mobility!).
We are, as you can imagine, used to assessing and understanding what is happening with regard to horses on site and any facilities you may need as well how this may fit into planning policy and/or the need for specific consent. So, if you have any queries or think we can help you, get in touch!