All posts tagged Equestrian

The last two months have been interesting ones for Prism and their equestrian clients with two interesting cases coming to a head in very different cases but both being horse related.

In the first case, clients had received an enforcement notice requiring them to remove their two horses and stables from their garden. The LPA had decided that ‘Elvis’ and ‘Sparkplug’, two lovely moorland cobs, represented unauthorised development by changing the use of the original garden. In fact the horses occupied less than half the garden and only then over the winter period. During the summer they grazed fields away from the home. The Council argued they caused smells, flies, attracted vermin and caused a loss of privacy to the neighbours, some of whom objected to the horses looking over the boundary fence. Comparisons were made by the LPA to the famous shark emerging from the roof of the house in Oxford, as well as the man who erected a model of a Spitfire in his back garden. We contended that neither of these bizarre examples were remotely comparable with our situation.

Thankfully the inspector agreed and granted permission for the horse to stay, as well as their stable block, leaving two very happy horses owners. The case highlights how matters can escalate when LPA’s get complaints about unauthorised development and show why it is important that good, knowledgeable advice is obtained at the earliest possible opportunity.

The second case, also horse related was equally bizarre but for very different reasons. Our client and his wife are running a successful and well established livery yard, despite being in their 80’s and with one of them being registered disabled! They have decided that at their time of life they want to ease up a little and employ a manager to do the heavy and antisocial work, including chasing after escaped horses at 3am! A planning application was lodged for replacement managers accommodation, something we have done on several occasions for clients. The case was supported by specialist Equine Vets and the BHS.

Many weeks after the statutory determination date and with several promised deadlines from the Council missed, in frustration we appealed against non-determination and asked for a hearing. At the same time we also re-submitted the same planning application back to the LPA to allow them to try to reach a decision on it with more time. This resulted in a speedy approval – something which the LPA cold and should have done first time around. However the LPA imposed a whole series of conditions on their decision, preventing all possible future expansion or improvement to the property. Accordingly the appeal is still progressing albeit now just relating to what conditions should, or should not be imposed in these type of situations.

This second case has also given rise to a claim for costs – clearly the LPA could and should have approved the initial application in a timely manner, as they proved by supporting the second application when the appeal focused their minds!

Sadly, as cuts to services in local government planning departments continue to ‘bite’, we are all probably going to have to get used to poorer levels of service and situations like this might become all too common. It remains to be seen whether LPA’s will find new ways to work in such climates or continue to cling to established and out of date practices.

Anyone with an equine related problem will appreciate from the above examples that we know a thing or two about horses and the planning system – and an initial chat about how we might be able to help is free, wherever you are in the country.
Obtaining planning permission for an equestrian worker’s dwelling on a site outside of development limits and in the open countryside is often fraught with difficulties and the consideration of the application by the local planning authority can be a lengthy process.

It therefore gave our Director, Rod Hepplewhite, great delight in advising his clients that their application for their dwelling on land next to their stables on a site just to the west of Easingwold in Hambleton District had been approved with little difficulty and, more importantly form their point of view, within the 8 week target period.

Due to a marital break-up our client had had to relocate his business, based on the schooling and training of horses together with breeding of ponies, to a temporary site elsewhere in the district while he found a permanent site. We first obtained permission for the stables on the 9¼ acres (3.75 hectares) site as this was the most pressing need before tackling the more challenging application for the dwelling for our client and his new partner (both employed in the equestrian business).

Under normal circumstances, when an equestrian business is first established on a site, local planning authorities will only allow residential accommodation in the form of a static caravan or mobile home and for a limited period of three years. They normally also require a lot of supporting information regarding the operation of the equestrian business.

In this instance the local planning authority accepted our argument that they were looking at the relocation of an existing business rather than the establishment of an entirely new business and granted permission for our clients’ dwelling without the need for the usual supporting information. The dwelling was proposed in the form of a ‘Country Home’ bungalow, a type of mobile home, which may have assisted in us obtaining planning permission for our clients but it was still the end result our clients were hoping for and we were delighted with the swift positive outcome for them.

We have now dealt with numerous applications for equestrian and agricultural worker’s dwellings together with associated applications for stables and farm buildings and have built up a good level of expertise on the subjects. We are always happy to help clients with such proposals.
Horse owning clients of Prism will be celebrating today after a local planning authority granted permission for a private ménage area on farmland adjacent to their house in North Yorkshire. The Council imposed conditions preventing any commercial use and unusually required an archaeological evaluation of the site before works commenced. This is not a normal requirement of most developments and was imposed because of the possibility of finding remains on the site from a historic settlement long since abandoned. It’s very pleasing to have got the development through without any delay or prolonged debate about the need for the development and confirms Prism’s specialism in successfully undertaking equestrian related projects. Previous projects have involved riding stables, commercial ménage as well as private ménage, domestic stabling and specialist worker’s accommodation.
120520Horse

An appeal for an equestrian workers dwelling which won with full costs against a local Council has taken an interesting and bizarre new twist.

The Planning Inspector, in allowing the appeal, imposed occupancy conditions as is the normal course of events. However the unfortunate Inspector, rather than customising the standard agricultural occupancy condition, simply used the national model without change.  For a farm, this would have been quite acceptable but for an equestrian dwelling gave us and our client a permission that was practically useless! Farming and equestrianism being different legal uses.

Clearly a basic but fundamental error had been made, one that the Planning Inspectorate accepted full responsibility for.  However PINS refused to correct the error and the only route open to the client was to go to the High Court to get the decision set aside.  On behalf of the Government, the Treasury Solicitors have already conceded the case and a new planning inspector is expected to issue a corrected decision notice shortly.

Its not very often that a client has to apply to set aside a judgement that he has won and its a great shame that the Planning Inspectorate felt unable to exert a little common sense to correct what was patently a basic and simple mistake. The case highlights the need for precision in all aspects of planning work and just shows the consequences of even seemingly minor mistakes. The planning system is not renowned for its flexibility but the case illustrates that perhaps we have swung too far in a bureaucratic direction and perhaps lost our sense of balance and perspective.