Many of our equestrian enquiries initially relate to whether planning permission is needed, what information is required to apply for permission and what will be/should be taken into account in the determination of any planning application.
We thought, therefore, that over the next few weeks, we would do some short articles covering the most commonly asked questions relating to equestrian development starting with, in this article, whether or not you need planning permission in basic terms.
Do you need planning permission?
The way horses are used and cared for is generally key as to whether there is an impact upon the use and character of land. This is, largely, why some utilisation of parcels of land, by horses, 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 generally be categorised in two ways – agricultural or equestrian. In the absence of planning history to the contrary, most land within the countryside is typically classed as agricultural. Where horses are mainly grazed, in a similar way to agricultural livestock, the agricultural use and character of the land can be retained, and horses kept in such a manner can be considered to be grazed (with no change of use) meaning that planning permission is not usually required.
This is, however, not quite as straight forward as it sounds, as the greater the number of horses within a given area, the more likelihood there is of impact to both the landscape and/or its functions. More intensively kept horses, normally associated with smaller parcels of land, are often given supplementary feed which becomes their main feed source as well as being regularly ridden, or ridden on the land, with such activities meaning that the land is no longer in agricultural use but equestrian.
Each case needs to be assessed on an individual case by case basis, however, in broad terms differentiation normally comes from whether the horses are being just kept on the land (and being fed) or are indeed living off, i.e. surviving by grazing, the land. More intense equestrian activities and/or development would trigger a requirement for planning permission due to coming under the definition of development as a material change.
Equestrian land uses are not defined in planning legislation however, there are generally accepted different horse “types” which can be summarised as working (agriculture), racing horses or stud/breeding of horses, recreational (including commercial livery yards and riding schools), incidental residential e.g. pet ponies, and grazing.
In simple terms, grazing, incidental residential and working (agriculture) use of the land, by horses, will not generally require planning permission. Other uses including mixed equestrian and agriculture uses are likely to require planning permission.
Built form and equestrian facilities
Other examples of equestrian development such as (but not restricted to), building of stables, feed or equipment buildings and permanent field shelters, arenas, permanent jumps (for example cross country courses), horse walkers, gallops and canter tracks, polo pitches, hardstanding or revised access points and conversion of/use of farm buildings (agricultural) for equestrian use will all come under the definition of development.
They will require full planning permission.
Field Shelters and Fencing
Some changes to agricultural use of land, including moveable field shelters, can benefit from permitted development rights and therefore do not normally require planning permission and there are four primary factors established that are used to determine whether a field shelter (or other structure) needs planning permission for equestrian use.
These are size, permanence, physical attachment to the land and whether or not the shelter is actually moved.
Generally speaking, providing the land has an existing agricultural/grazing use, the provision of moveable field shelters does not require planning permission where they:
- Are on skids;
- Not permanent hardstanding or a concrete base;
- Are easily moved by normal means (such as a 4×4 or a tractor);
- Do not remain in the same place for more than 6 months and shelters allow horses free access in and out (generally no doors or barriers) as well as having no water or electricity connection which would contribute to permanent stationing.
There is no definition of “move” but the structures should be relocated to a wholly different position or different field in order to be reasonably classed as moved in the event enforcement enquiries are made against shelters that are in one position for too long.
The provision of new fencing and gates may also require planning permission depending on their location and height and this, in particular, can be a complex area so it is always advisable to check prior to making changes to any land within your ownership, control or which you are seeking to purchase for a specific purpose.