Industry Eye: It pays to be aware of planning laws if you are intending to purchase a 'pony paddock'

Over the past few years there has been an increase in the number of people buying small areas of land to keep a horse or two on.

These are often referred to as 'pony paddocks' and the most sought after sites are conveniently located close to settlements and roads.

A field sold as a pony paddock can generate plenty of interest and a strong premium can be achieved for the seller per acre compared to land sold in larger blocks.

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Once the land has been purchased or leased there are several things for the horse owner and landowner to be aware of when using the paddock for horses. Firstly, what do you intend to use the paddock for in relation to the horse?

This is a significant planning consideration, and hangs on the definition of agriculture under British Planning Law, which deems "the breeding and keeping of livestock and the use of land as grazing land as agricultural uses". Anything other than this is considered a material change of use or development and therefore requires planning permission.

The land is likely to have an agricultural use, or if not, can be changed back to agricultural use without an application for planning permission.

So if grazing for your horse is what you intend to use the paddock for, there are no planning issues and you can allow your horse(s) to graze the paddock without planning worry. However if the horse(s) are deemed to be "kept" on the land for a purpose other than grazing, then a planning application is required for "the use of the land to keep horses and for equestrian activities".

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This could be something as simple as riding the horse in the field, perhaps an obvious schooling area appears or show jumps in the field.

It needs to be demonstrated that the land is used as pasture land and not "kept or maintained mainly or exclusively for the purposes of sports recreation".

Erecting some sort of shelter is useful for horses and a field shelter is not considered development if it is mobile.

However, there are no set sizes to determine what is regarded as mobile, it is based on how long it takes to remove it and the scale to the size of field etc. Further issues arise if you introduce additional feed or bedding to the land and if it becomes fixed to the ground therefore not mobile.

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There are many areas for consideration that you may not consider to be a material change of use or development to the land but that the Government does, not only for planning but also tax purposes.

Members of Carter Jonas will be at the Bramham Horse Trials on the cross country day. Come and find us at The Carter Jonas Footbridge fence.

Helen Bridges overseesthe equestrian offering at Carter Jonas' rural division in Yorkshire. For further details contact Helen on 01423 707809 or email [email protected]

CW 29/5/10

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