Forum: equestrian use query

Q I have 15 acres of land that I have used for equestrian purposes for more than 20 years, including the stationing of several ancillary caravans. I have no lawful development certificate for this.

I also recently obtained planning permission for a stable and manege complex for commercial use. As both equestrian and leisure uses fall within the D2 use class, does this mean that my caravans can be used for residential leisure purposes by people visiting the site to stay in? Also, could the stables be used as holiday lets instead of for stabling horses, as again there would be no change of use and no material alterations to the building would be necessary? MC

A It would be unusual, though not impossible, for an equestrian centre to be a class D2 assembly and leisure use. The whole use would have to be for sport or recreation and could not involve use as a livery. Riding would have to take place on the site and riders should not normally use it as a base for riding elsewhere. Even if the equestrian centre was regarded as a class D2 use, a residential use - other than perhaps a caretaker's residence - would not be considered a normal ancillary use, especially as dwellings are in the separate C3 use class. So planning permission would be required. John Harrison

Next questions

Q For prior approval change of use applications covered by part 3, schedule 2 of the General Permitted Development Order 2015, is the decision expiry date three years or one year? I cannot find any information on this in paragraph W at the end of part 3. Also, I cannot find an application form for class B, part 3 of the order as amended in 2016. Could you please point me to one, if it exists? AT

Q I was refused planning permission and lost a subsequent appeal. I now want to make another similar application, but am in dispute with the planning authority whether I am entitled to a "free go" for application fee purposes. The planning authority says I can only claim a free go for a year from the council's refusal, citing paragraph 040 of national Planning Practice Guidance in support of its case. I believe I can claim it for a year from the appeal decision date. Can you advise, please? JS

Please send answers or comments to casebook@haymarket.com by Wednesday following cover date. We also welcome readers' new queries via the same address.

Edited by John Harrison casebook@haymarket.com


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